CASE LAW NO.04/2016/AL ON THE CASE OF DISPUTE ON THE CONTRACT ON TRANSFER OF LAND USE RIGHTS

Case law situation:

Where the real property is the common property of husband and wife but only one of them signs the contract on transfer of real property to other parties, the other does not sign the contract. 

Legal solution:

In the case there are sufficient grounds to determine that the transferor has received the agreed amount of money in full, the person who did not sign the contract is aware of the receipt of money and also spends the money for the transfer of the real property; the transferee has received, managed, and used that real property publicly, the person who did not sign the contract is aware of that fact without any objection, then that person shall be deemed to agree with the transfer of the real property.

Link: CASE LAW NO.04/2016/AL ON THE CASE OF DISPUTE ON THE CONTRACT ON TRANSFER OF LAND USE RIGHTS

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