{"title":"赠与契据客体侵犯继承人绝对权利(合法财产)的地位","authors":"Fatsya Gita Subagia, Tjempaka Tjempaka","doi":"10.55324/josr.v2i11.1557","DOIUrl":null,"url":null,"abstract":"A living person may give away their property by grant or gift instead of distributing it to their heirs through inheritance. When both the grantor and grantee are still alive, a grant is a legal action that aims to transfer ownership rights that are knowingly transferred to another party. Grants may be made to whoever the grantor chooses, but it must be stated that the grant's terms cannot be harmful to other people. The Burgerlijk Wetboek, or Civil Code, governs these issues. By being careful not to violate the legitimate component (absolute part). Problems with legal protection and legal repercussions for heirs about grants that hurt the absolute portion (Legitieme Portie) of the heirs will occur if they breach the law's restrictions. By looking into secondary data or library resources, the normative juridical research methodology was applied to create this paper. As a result of identifying the absolute portion (Legitieme Portie), as specified in Article 913 of the Civil Code, various provisions in the Civil Code (Burgerlijk Wetboek) have given the heirs legal protection. Then, if the heirs feel wronged by the grant or grant or based on a will or who has passed away, the legal implications of a grant deed that breaches legitiemelegitimean be revoked.","PeriodicalId":38172,"journal":{"name":"Journal of Social Research and Policy","volume":"26 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2023-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Position of the Deed of Grant Whose Object Violates the Absolute Rights (Legitieme Portie) of the Heirs\",\"authors\":\"Fatsya Gita Subagia, Tjempaka Tjempaka\",\"doi\":\"10.55324/josr.v2i11.1557\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"A living person may give away their property by grant or gift instead of distributing it to their heirs through inheritance. When both the grantor and grantee are still alive, a grant is a legal action that aims to transfer ownership rights that are knowingly transferred to another party. Grants may be made to whoever the grantor chooses, but it must be stated that the grant's terms cannot be harmful to other people. The Burgerlijk Wetboek, or Civil Code, governs these issues. By being careful not to violate the legitimate component (absolute part). Problems with legal protection and legal repercussions for heirs about grants that hurt the absolute portion (Legitieme Portie) of the heirs will occur if they breach the law's restrictions. By looking into secondary data or library resources, the normative juridical research methodology was applied to create this paper. As a result of identifying the absolute portion (Legitieme Portie), as specified in Article 913 of the Civil Code, various provisions in the Civil Code (Burgerlijk Wetboek) have given the heirs legal protection. Then, if the heirs feel wronged by the grant or grant or based on a will or who has passed away, the legal implications of a grant deed that breaches legitiemelegitimean be revoked.\",\"PeriodicalId\":38172,\"journal\":{\"name\":\"Journal of Social Research and Policy\",\"volume\":\"26 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2023-10-30\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Journal of Social Research and Policy\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.55324/josr.v2i11.1557\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q4\",\"JCRName\":\"Social Sciences\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of Social Research and Policy","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.55324/josr.v2i11.1557","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q4","JCRName":"Social Sciences","Score":null,"Total":0}
Position of the Deed of Grant Whose Object Violates the Absolute Rights (Legitieme Portie) of the Heirs
A living person may give away their property by grant or gift instead of distributing it to their heirs through inheritance. When both the grantor and grantee are still alive, a grant is a legal action that aims to transfer ownership rights that are knowingly transferred to another party. Grants may be made to whoever the grantor chooses, but it must be stated that the grant's terms cannot be harmful to other people. The Burgerlijk Wetboek, or Civil Code, governs these issues. By being careful not to violate the legitimate component (absolute part). Problems with legal protection and legal repercussions for heirs about grants that hurt the absolute portion (Legitieme Portie) of the heirs will occur if they breach the law's restrictions. By looking into secondary data or library resources, the normative juridical research methodology was applied to create this paper. As a result of identifying the absolute portion (Legitieme Portie), as specified in Article 913 of the Civil Code, various provisions in the Civil Code (Burgerlijk Wetboek) have given the heirs legal protection. Then, if the heirs feel wronged by the grant or grant or based on a will or who has passed away, the legal implications of a grant deed that breaches legitiemelegitimean be revoked.
期刊介绍:
Welfare states have made well-being one of the main focuses of public policies. Social policies entail, however, complicated, and sometimes almost insurmountable, issues of prioritization, measurement, problem evaluation or strategic and technical decision making concerning aim-setting or finding the most adequate means to ends. Given the pressures to effectiveness it is no wonder that the last several decades have witnessed the imposition of research-based social policies as standard as well as the development of policy-oriented research methodologies. Legitimate social policies are, in this context, more and more dependent on the accurate use of diagnostic methods, of sophisticated program evaluation approaches, of benchmarking and so on. Inspired by this acute interest, our journal aims to host primarily articles based on policy research and methodological approaches of policy topics. Our journal is open to sociologically informed contributions from anthropologists, psychologists, statisticians, economists, historians and political scientists. General theoretical papers are also welcomed if do not deviate from the interests stated above. The editors also welcome reviews of books that are relevant to the topics covered in the journal.