In a Pinui Binui project, one of the owners received a smaller apartment than the other apartment owners. First, a Pinui Binui contract was signed, and later a sales agreement for the apartment in which the owner purchased the apartment from the company that rented it to her. The first contract promised a larger apartment, but the agreement was subject to the sales agreement that would be signed.
The court ruled that the owner of the apartment is not entitled to a larger apartment. When a contract refers to another contract and adopts its provisions, the other contract thereby becomes part of the contractual agreement between the parties. In addition, sometimes the interpretation of the contract may change due to the duty of good faith in negotiations. Here, the obligation in the first contract is conditional and dependent on the rights that the owner of the apartment will receive under the sales agreement, so that the obligation to give her a larger apartment in exchange for her old apartment is conditional on the fact that the old apartment will indeed become hers under the sales agreement. In addition, this is not a case of intentional deception or conduct intended to harm her rights. Therefore, the owner of the apartment is not entitled to a larger apartment.
