
Posinternasional.com – The sale and purchase business agreement is regulated in article 1457 of the Civil Code which states that sale and purchase is an agreement, Friday (20/01).
By means of which one party binds himself to hand over an object, and the other party to pay the price that has been promised.
Furthermore, Article 1459 of the Civil Code states that “the ownership rights to goods sold do not transfer to the buyer, as long as the delivery has not been made according to Articles 612, 613 and 616.
” Based on the explanation above, a common thread can be drawn that the sale and purchase agreement must be executed by delivery by the seller after the buyer has paid the price of the goods.
Because for buying and selling to occur there must be levering (delivery of goods), whereby the buyer becomes the owner of the goods paid for.
Purchase Order (PO) is a form of purchase order (offering) to order or purchase a number of goods and a proposed price (Article 1457 of the Civil Code), this stage is the negotiation phase in making an agreement.
If the Purchase Order from the buyer is approved by the seller, the seller signs (approves) the Purchase Order, which then creates a consensual sale and purchase agreement or agreement between the seller and the buyer.
Based on the explanation above, it can be concluded that the Purchase Order applies as a binding sale and purchase agreement or agreement for both parties (seller and buyer) as stipulated in Article 1338 of the Civil Code and Article 1457 of the Civil Code.
This is in line with the Decision of the Supreme Court of the Republic of Indonesia Number 1506 K/Pdt/2002 which states.
“Purchase Order signed by both binding parties constitutes an agreement so that it applies as law and is binding on both parties
Author : Dr Bernard BBBBIrvan Siagian SH.MhAkp Chairman of the DPP MAKADDEM GAKORPAN.
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