Per aversionem — a lineage through four codes

The rule the Estate leases under — a parcel sold or let as one whole, within its boundaries, with no claim arising from the stated area — is not a modern drafting choice. It is one clause, carried through four legal systems across roughly two thousand years, changing language at each step and changing nothing else.

Rome — emptio per aversionem

The Digest records the distinction between a sale by measure and a sale per aversionem — the whole, taken as it stands, not counted or weighed piece by piece (D.18.1.35.7, Africanus). Aversio is a turning-away from measurement: the parties look at the thing, not at the ruler.

the Napoleonic Code — vente en bloc

The French Code civil of 1804 preserves the distinction as vente à forfait / vente en bloc: a sale of land for a lump price, boundaries stated, gives neither party a claim from a later survey — as against a sale by the measure, where such a claim runs (Code civil, art. 1616 and following, on contenance).

the Dutch Burgerlijk Wetboek — the same articles, translated

The Dutch civil code of 1838 was drafted by transposing the French Code civil, article for article, into Dutch. The area-adjustment rule crosses with it, word order and all. Colonial administration then extended a version of the same code to the Dutch East Indies for its European-law subjects, under the concordantie principle — one law, one wording, two continents.

KUHPerdata — the same articles, still in force

At independence, Indonesia kept colonial-era law in force under transitional constitutional provision until replaced. The Civil Code was not replaced on this point. KUHPerdata Pasal 1486 is that same clause: a bounded parcel, sold or let as it stands, gives no claim from its stated measure — subject to the one-twentieth threshold, and subject to contracting out of it entirely, which the closing words of Pasal 1486 permit.

where the Estate uses it

land rights agreement §2.7 invokes Pasal 1486 to lease every Plot per aversionem — as a single parcel within its boundaries, not by unit of area, with any stated figure indicative only.

The Fedorov lease does not yet carry this waiver. Its Pasal 1 states an area figure under the notary's ordinary form, which — absent the Pasal 1486 closing-words waiver — leaves the one-twentieth statutory adjustment live between the parties. Adding the per aversionem clause to that Pasal, on the land rights agreement model, is an open item for the notary to settle before signature.