Legal Protection against Parties Who are Harmful Due to Uniform Cancellation of the Deed of Power to Sell Land Made Before a Notary

The aim of this study is to examine and analyse the legal protection available to parties who suffer losses due to the unilateral revocation of the notarial power of sale. The investigation is based on the provisions of Section 1320 of the Civil Code (KUH Perdata) on the conditions for the validity of the agreement and Section 1796 of the KUH Perdata. According to Section 1 1796 of the KUH Perdata, the power of sale must be given in the form of a special power of attorney and drafted in a reliable form. The agreement is executed on the basis of the conditions for its effectiveness. So the cancellation of the power to sell must also be based on the agreement of the parties and the reasons for canceling the power according to the KUHPerdata. However, in corporate practice, it still happens that the power of attorney is revoked without following these provisions, which leads to disputes between the grantor and the trustee of the power of attorney and legal consequences. The power of attorney, the notary and other parties involved in the exercise of the power of attorney can have the power of sale.