You may have dated someone or planned to date someone. But, one thing we all know about a couple in a relationship is that they are always giving gifts to each other. It can be done when they celebrate a birthday or an anniversary or something.
But what if, after you've been in a relationship for, let's say, 1 year, your ex breaks up with you. Then, he/she asks you to give all the gifts that he/she has given to you. What would you do in that situation? Will you give back all the presents to them or not?
First of all, don't get worried, because there's a law regulating what happens to you. So what is that law? And how do you use and tell your ex about this law?
What Is the Law of Grant
If your ex gives you these things as gifts or grants, you are legally the rightful owner of such things. This conforms with the provisions of the Civil Code (KUHPerdata) Article 1666, which reads as follows:
"Penghibahan adalah suatu persetujuan dengan mana seorang penghibah menyerahkan suatu barang secara cuma-cuma, tanpa dapat menariknya kembali, untuk kepentingan seseorang yang menerima penyerahan barang itu. Undang-undang hanya mengakui penghibahan-penghibahan antara orang-orang yang masih hidup."
As an agreement, the gift was immediately binding and could not be revoked at the will of one side, according to Subekti's explanation. With the handover, it is lawful to give moveable objects like clothing, jewelry, shoes, and watches, as well as receivables. In the meanwhile, a notarial deed must be used to grant immovable property and a right of credit on behalf of.
Consequently, unless you agree to return the things, your ex has no legal authority to take back everything they have ever given you. Taking items that have been given to others is likewise morally and ethically wrong.
Terms of the Validity of the Agreement
Your ex's acts were described as grants in the preceding section, which is a type of agreement. Given that the grant represents an agreement, it must be determined if it was executed lawfully. It must make reference to the legal terms of an agreement as stated in Articles 1320 to 1337 of the Civil Code in order to determine whether it is valid or not. According to Article 1320 of the Civil Code:
Untuk sahnya suatu perjanjian diperlukan empat syarat:
