Law Protection for Parties Due to Contract’s Breach in Trade Made Verbally

Abstract

The purpose of this study is to elucidate the criteria for determining when an oral sale and purchase agreement is in default, the factors that motivate parties to carry out an oral sale and purchase agreement, and the legal protections afforded to parties who are harmed by an oral sale and purchase agreement default. This study was prepared using the Juridical Empirical research method, which entails conducting an exhaustive investigation while conducting interviews and direct observations at the study site. This investigation is being conducted in the Labuhanhaji Barat, Meukek, and Sawang Subdistricts of the South Aceh District. To supplement this study's research, a literature review was conducted, which included a review of pertinent statutes, books, and articles that served as secondary sources. The findings revealed that defaults in the Labuhanhaji Barat, Meukek, and Sawang subdistricts of the South Aceh District occurred in one of two ways: either the pledged accomplishments were incomplete or completed late. South Aceh District's West Labuhanhaji, Meukek, and Sawang Districts continue to encounter conditions that facilitate the implementation of verbal agreements. These factors include customs, a belief in the achievement of mutual objectives, and the ease of verbal agreements. There are two (2) methods for parties affected by a breach of an oral purchase agreement to obtain legal protection: preventive legal protection and repressive legal protection.