基于MA - 2979K/Pdt/2019裁决的遗嘱授权

Putri Zakia Yurahman, Busyra Azheri, Wetria Fauzi
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引用次数: 0

摘要

根据《民法典》第875条的规定,遗嘱是一种包含一个人关于他死后将发生什么的最后信息的契约。最高法院第2979 K/Pdt/2019号决定中有关遗嘱授予的案件。在该案件中,有人解释说,遗嘱是一位父亲给他的儿子在一个非中国佛教家庭的遗嘱。该遗产来自Lay Tjin Ngo(原告)和Sumita Chandra(已故)夫妇,在Lay Tjin Ngo与Sumita Chandra结婚期间,获得了共同财产。当Sumita Chandar未经Lay Tjin Ngo的批准,于2014年7月25日在公证人Kamelina, SH签署了第24号遗嘱时,问题就出现了。被告的行为于2014年7月25日签署了第24号遗嘱,尽管没有得到原告的批准。原告作为Sumita Chandra(已故)的妻子或合伙人,是一种侵犯并造成原告损失的行为,原告作为Sumita Chandra(已故)的妻子,有权获得Sumita Chandra与原告共同财产的一部分。本研究讨论的问题是法官如何看待Sumita Chandra作为立遗嘱人对被告作为立遗嘱受益人的立遗嘱契约,以及公证人立遗嘱契约在共有资产视角下的地位。本研究采用基于案例的问题方法。所使用的数据的来源和类型分为主要数据和次要数据。根据研究和讨论的结果,认为家庭法涉及共同财产,在配偶在世时由丈夫或妻子立遗嘱的情况下,配偶的同意仍然有效。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Kekuatan Hukum Akta Hibah Wasiat Berdasarkan Putusan MA Nomor 2979K/Pdt/2019
A will or testament, according to Article 875 of the Civil Code, is a deed that contains information about a person's last message regarding what will happen to him when he dies. Cases related to testamentary grants in Supreme Court Decision Number 2979 K/Pdt/2019. In the case, it was explained that the will grant was given by a father to his son in a non-Chinese Buddhist family. This inheritance was from the couple Lay Tjin Ngo (plaintiff) and Sumita Chandra (late), and during Lay Tjin Ngo's marriage to Sumita Chandra, joint property had been obtained. The problem arose when Sumita Chandar, without the approval of Lay Tjin Ngo, made Testament Number 24 dated July 25, 2014, at Notary Kamelina, SH. The defendant's actions made Testament No. 24 dated July 25, 2014, even though there was no approval from The plaintiff, as the wife or partner of Sumita Chandra (late), is an act that violates and has caused losses to the plaintiff, who, as the wife of Sumita Chandra (late), is entitled to a portion of the joint assets of Sumita Chandra with the plaintiff. The problem discussed in this study is how the judge considers the deed of testamentary grants made by Sumita Chandra as the grantor to the defendant as the beneficiary of the will grant in terms of the perspective of joint assets and what the position of the will deed made by a notary is in terms of the perspective of shared assets. This research uses the case-based problem approach. The sources and types of data used are primary and secondary data. Based on the results of the research and discussion, it is stated that family law relates to joint property, and in the case of a testament made by a husband or wife when the spouse is still alive, the consent of the spouse is still valid.
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