In the sale and purchase agreement must meet the conditions that have been specified, both by civil law and Islamic law. Therefore, if the terms are not met, the sale and purchase agreement is void, either void by law or in the case of cancellation of the judge.
For the validity of a transaction, he must meet the conditions required by a special provision governing the conditions for the validity of the agreement. Therefore, the validity of this transaction is based on article 1320 of civil law governing the validity of a treaty in general. Article 1320 of the civil law provides that the conditions for the validity of a treaty are as follows:
a. Agreeing those who bind themselves,
b. The ability to create an engagement,
C. Certain things,
d. A lawful cause.
Regarding "agreed", Subekti explained, By agreeing or also called licensing it is intended that the two subjects entering into the agreement must agree, agree or agree on the principal matters of the treaty. What one party wants is also desired by the other. They want the same thing in return, the seller wants some money, while the buyer wants the seller's goods.
In the sale and purchase agreement, the agreement between the two parties is the most important thing. Therefore, unconditionally agree this sale and purchase agreement is invalid and will not happen. Sale of goods is the result of an agreement from the buyer and the seller, agree or seia a word about the goods that become the object in the sale and purchase agreement. What the buyer wants is also desired by the seller on a reciprocal basis. The seller wants some money, while the buyer wants the seller's goods.
With the agreement between buyer and seller, the sale and purchase agreement will be realized. They both need each other. By agreement, the buyer can provide money as the price of the goods and the seller as well as deliver the goods to the buyer, as a result of seia sekata to enter into a sale and purchase agreement.
Agreed means both parties have agreed to perform their respective obligations, the buyer undertakes to price in return for the sale of goods. If there is no agreement, he will not be willing to the goods and the price; and vice versa, the seller is willing to deliver the goods at a mutually agreed price.
Agreement between the two parties who apply the agreement must be with no defects. The definition of defects here is the agreement of the parties who entered into the sale and purchase agreement in the given due to mistake, coercion or fraud. Regarding this defect, we find its legal basis in article 1321 of civil law, that is, "there is no lawful agreement if the agreement is given by mistake, or acquired by coercion or deceit".
Agreement resulting from coercion or fraud on one side, the agreement is invalid because it does not happen on its own terms and is not free in entering into the sale and purchase agreement. The point of coercion here is not absolute coercion because in that case there is absolutely no covenant, for example, if a stronger person holds the weaker hand and makes him sign in a treaty.
Coercion is purely psychic, not physical coercion because there is no will, so no yes there may be consensus between the two sides. With the coercion, means one party there is no willingness to enter into an agreement, while the fraud of the will of another party who deliberately in the direction of the wrong path. If this is known by the other party about the actual circumstances he would not be willing to enter into an agreement. So, agree between the seller and the buyer is an absolute requirement in the sale and purchase agreement. After the agreement, there was an economic transaction