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Journal articles on the topic 'Creditor's'

Author: Grafiati

Published: 3 June 2025

Last updated: 31 July 2025

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1

Komara, Stevani, and Habib Adjie. "The Effect of the Execution of the Sale of the Right Object on the Position of Bank Creditors." Edunity Kajian Ilmu Sosial dan Pendidikan 2, no. 5 (2023): 630–38. http://dx.doi.org/10.57096/edunity.v2i5.98.

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The results of this study show that the right of liability is the object of guarantee that is most in demand by creditors (banks) as debt collateral. The value of the rights contained in thecertificate of rights of dependents has an important influence in determining the position of creditors as creditors who have preferential rights or only limited to as a concurrent creditor. If the value of the dependent rights has a greater value than the debtor's debt, then the creditor's position as the holder of the liability right is the preferred creditor, which takes precedence repayment of it than o

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2

Puspitasari, Dessy, Iran Sahril, and Jelly Nesseri. "Kepastian Hukum Bagi Kreditur Sehubungan Pelaksanaan Eksekusi Jaminan Fidusia Pasca Putusan Mahkamah Konstitusi Nomor 18/PUU-XVII/2019 Yang Berdampak Kerugian Finansial." Jurnal Hukum Legalita 6, no. 2 (2024): 181–204. https://doi.org/10.47637/legalita.v6i2.1470.

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The Constitutional Court Decision Number 18/PUU-XVII/2019 has brought changes to the execution process in fiduciary guarantees, making the creditor's position change before the birth of the decision. The existence of requirements for creditors in executing fiduciary security objects and determining defaults has changed, resulting in creditors not being able to immediately execute fiduciary security objects. This raises issues related to the certainty of the creditor's right to execute the fiduciary security object.The formulation of the problem in this research is how the Legal Consequences fo

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3

Busrian, Helvandra, Sri Walny Rahayu, and Yusri Yusri. "Liability of the Debtor as a Result of the Transfer of the Security Object of the Trust without the Consent of the Creditor in the Consumer Financing Agreement on PT Adira Dinamika Multifinance Tbk, Banda Aceh." International Journal of Multicultural and Multireligious Understanding 11, no. 2 (2024): 43. http://dx.doi.org/10.18415/ijmmu.v11i2.5452.

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This study aims to elucidate the legal ramifications for the debtor and third parties when the security object of the trust is transferred without the creditor's consent. Additionally, it seeks to examine the liability of the debtor resulting from the transfer of the security object without the creditors' approval. The research methodology employed in this study is the Yuridis empirical approach. The research utilizes primary and secondary legal materials. Primary legal material comprises field data obtained from interviews with respondents and informants. Secondary legal material includes leg

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4

Jhoni, Jhoni, and Meirina Dewi Pratiwi. "POTENSI HAK EKSEKUTORIAL BAGI KREDITUR DALAM PERJANJIAN FIDUSIA." Justici 13, no. 1 (2020): 68–78. https://doi.org/10.35449/justici.v13i1.180.

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ABSTRACT The Fiduciary Guarantee makes it easy for those who use it. However, in the current practice, there are several violations of law committed by debtors and creditors, for example, there are still creditors who do not register fiduciary deeds to fiduciary registration offices, debtors who transfer, mortgage, and lease fiduciary collateral objects without the creditor's permission and others. -other. From the problems above, of course there must be a solution for Debtors and Creditors. The creditor must really understand the tendency of the debtor as the fiduciary giver, and must follow

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5

Muslim, Shohib, Shinta Hadiyantina, Hudriyah Mundzir, and Zainal Amin Ayub. "The meaning of “strength executive" in the Constitutional Court decision for the execution of fiduciary securities." Legality : Jurnal Ilmiah Hukum 31, no. 1 (2023): 1–20. http://dx.doi.org/10.22219/ljih.v31i1.23244.

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Judicial decisions must have legal implications for relevant parties. PMK No. 2/PUU-XIX/2021 remains debatable between creditors and debtors because it seemingly weakens the protection of creditors' rights. Creditors cannot immediately carry out enforcement procedures that cut off the creditor's business flow because the position of the subject of fiduciary obligations is in the debtor's control, making it possible for disputes between debtors and creditors. This normative legal research was conducted using a philosophical, juridical approach covering statutory policies, conceptual and case ap

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6

Wiyono, Pambudi, and Pujiono. "Legal Consequences of Creditor's Name Change in Syndicated Loan Agreement." International Journal of Social Sciences and Humanities Invention 6, no. 10 (2019): 5683–87. http://dx.doi.org/10.18535/ijsshi/v6i10.05.

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The present study discussed the legal consequence of the creditor's name change and the consideration used by the Supreme Court Judge no. 1300 K/Pdt/2013. The present study was categorized as doctrinal legal study using case study approach. The data were collected through library research. Syllogism was employed as the analysis technique of this legal writing. The change of creditor's name in a syndicated loan, as it happens to "PT. Bank Finconesia” that changes its name to “PT. Bank Agris" cause problems since the new name "PT. Bank Agris" is not mentioned in the loan agreement no. 8 dated 28

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7

Basri, Herlina, Faisal Santiago, Rifka Zuwanda, Hudi Yusuf, and Sugeng Samiyono. "Bankruptcy Legal System Reform in Settlement of Debtors’ Debt According to the Bankruptcy law." Nagari Law Review 7, no. 3 (2024): 567. http://dx.doi.org/10.25077/nalrev.v.7.i.3.p.567-577.2024.

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According to Law No. 37 of 2004, bankruptcy is the complete seizure of a bankrupt debtor's assets, with the curator managing and settling them under the watchful eye of a supervising judge. There are several conditions for a debtor to be declared bankrupt, including having two or more creditors and not being able to make payments of at least one debt that is due and collectible and can be at his request or the request of one or more creditors. This article discusses the principle of distributing the debtor's assets if a debtor is declared bankrupt. According to Bankruptcy Law Regarding credito

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8

Siregar, Rahmad Nauli, Hasim Purba, Idha Aprillyana Sembiring, and Utary Maharany. "Legal Protection Against Home Ownership Credit Debtors with the Flexibility of Banking Policies in Credit Agreements without the Creditor's Permission." Journal of Law and Sustainable Development 12, no. 1 (2024): e2405. http://dx.doi.org/10.55908/sdgs.v12i1.2405.

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Introduction: The Job Creation Law's implementation in 2023 will significantly alter corporate rivalry and investment, particularly in the housing industry. This modification attempts to take into account the changing circumstances that both customers of housing and creditors or housing providers must deal with. Law Number 1 of 2011 further stipulates that all Indonesians in middle-class and lower-class economic categories must have access to livable housing. Objective: This article's goals are to clarify the legal ramifications of moving credit with collateral as a home ownership credit objec

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9

Li, Yixin. "Creditor Protection Mechanism of Debtor's Fraudulent Transfer: Comparing Current Legislation of China and the United States." Lecture Notes in Education Psychology and Public Media 10, no. 1 (2023): 307–13. http://dx.doi.org/10.54254/2753-7048/10/20230338.

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Fraudulent transfer behavior refers to the act of a debtor, in order to evade debt, obstructing or delaying the creditor's realization of their creditor's rights by transferring their own property or establishing a right burden on the property. This concept is originated from the Anglo-American legal system, but similar concepts can also be found in Chinese law system. The fundamental reason why fraudulent transfer behavior needs to be regulated is that it violates the debtor's moral obligations of integrity and fairness towards creditors. Based on a comparative analysis of existing rules in C

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10

MAHAWIRA, Made Dananjaya, I. Made ARJAYA, and I. Made Pria DHARSANA. "PPAT Responsibilities That Do Not Issue the Deed of Grant of Guarantee Rights and Position of Creditors in Bankruptcy." Journal of Political And Legal Sovereignty 1, no. 2 (2024): 53–60. https://doi.org/10.38142/jpls.v1i2.58.

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Purpose: The action taken is that lending and borrowing are not accompanied by the existence of an item that the debtor guarantees. However, in reality, in banking, there is a provision of a facility from the bank for its customers who do not lend to the debtor without including a guarantee.Methodology: The research method conducted by the author is normative research. The formulation of the problems that will be discussed includes 1. What is the responsibility of the PPAT towards the cover note stating that the Mortgage will be installed? 2. What is the creditor's position in bankruptcy becau

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11

MAHAWIRA, Made Dananjaya, I. Made ARJAYA, and I. Made Pria DHARSANA. "PPAT Responsibilities That Do Not Issue the Deed of Grant of Guarantee Rights and Position of Creditors in Bankruptcy." Journal of Political And Legal Sovereignty 1, no. 1 (2023): 53–60. http://dx.doi.org/10.38142/jpls.v1i1.58.

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Purpose: The action taken is that lending and borrowing are not accompanied by the existence of an item that the debtor guarantees. However, in reality, in banking, there is a provision of a facility from the bank for its customers who do not lend to the debtor without including a guarantee.Methodology: The research method conducted by the author is normative research. The formulation of the problems that will be discussed includes 1. What is the responsibility of the PPAT towards the cover note stating that the Mortgage will be installed? 2. What is the creditor's position in bankruptcy becau

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12

Mauli Rianda Yusuf, M. Fauzi, and Amsari Damanik. "PENYELESAIAN PENGALIHAN OBJEK JAMINAN FIDUSIA KEPADA PIHAK KETIGA TANPA PERSETUJUAN PENERIMA FIDUSIA DI KOTA SAMARINDA." Yuriska: Jurnal Ilmiah Hukum 17, no. 1 (2025): 121–47. https://doi.org/10.24903/yrs.v17i1.3085.

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Background: Fiduciary guarantees are commonly used in financing agreements to strengthen the position of financing company, serving as a guarantee that debtor will fullfill their obligations. However, in implementation of financing agreements, there are still debtors who fail to carry out the terms of agreement. One significant issue is the debtor's transfer of the financed object which is encumbered with a fiduciary guarantee to a third party during the credit period without the creditor's consent, known as a take over. Research Metodes: This study employs a socio-legal research approach whic

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13

Yuzhanin, Nikolay V. "Auxiliary law enforcement actions of the creditor in obligations." Current Issues of the State and Law, no. 20 (2021): 792–99. http://dx.doi.org/10.20310/2587-9340-2021-5-20-792-799.

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We analyze some of the creditor’s law enforcement actions in obligations, which in the theory of civil law have become accepted to be called creditor obligations. We dispute the thesis that it is possible to classify as obligations those actions that help in the implementation of creditor’s subjective right and are part of the mechanism for its implementation. We provide an analysis of a number of creditor’s necessary actions, which act auxiliary to the basic action to implement the subjective right in obligation. We propose to abandon the concept of “obligation” in relation to those creditori

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14

Muhammad, Faishal, and Fransiscus Xaverius Arsin Lukman. "Hak Kreditur Baru Atas Objek Hak Tanggungan Yang Diperoleh Dari Cessie Jika Debitur Wanprestasi." JISIP (Jurnal Ilmu Sosial dan Pendidikan) 7, no. 3 (2023): 2573. http://dx.doi.org/10.58258/jisip.v7i3.5379.

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Credit agreements between banks as creditors often use land rights as collateral for the credit agreement. Sometimes it is found that the debtor defaults or defaults by not paying bills on time several times due. In some cases for the bank's financial soundness, the bank sells receivables or collection rights to other parties. Selling receivables to other parties is what is called the transfer of receivables or Cessie. By transferring the right to collect from the old creditor to the new creditor, the debtor's obligation to pay off the debt to the new creditor is also transferred. The thing th

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15

Faisal, Fedhli. "EKSEKUSI OBJEK JAMINAN FIDUSIA OLEH KREDITOR SEPARATIS DALAM PERKARA KEPAILITAN." Collegium Studiosum Journal 7, no. 2 (2024): 327–38. https://doi.org/10.56301/csj.v7i2.1329.

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This study examines the legal implications of the execution of fiduciary guarantees in bankruptcy, focusing on the rights of secured creditors and the role of the curator. According to Article 59(1) of the Bankruptcy and Suspension of Debt Payment Obligations Law, secured creditors holding fiduciary guarantees are required to exercise their execution rights within no later than two months from the commencement of the state of insolvency. If not exercised, these execution rights are transferred to the curator. This research adopts a statutory approach and a case approach, analysing the bankrupt

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16

Taufan, Nadya Apriliani, and Kristi Warista Simanjuntak. "Analysis of Credit Guarantee Binding with Power of Attorney to Enforce Mortgage Rights." Journal of Law Justice (JLJ) 2, no. 3 (2024): 177–87. https://doi.org/10.33506/jlj.v2i3.3493.

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This study aims to determine the legal consequences of binding credit collateral with a Power of Attorney to Enforce Mortgage Rights (SKMHT) and to find out the legal remedies that can be taken by creditors against collateral bound by SKMHT if the debtor defaults. This research was conducted using juridical-normative research with data obtained from legal materials and library materials which were then analyzed using qualitative methods. The results obtained from this research include, among others, the encumbrance of Mortgage Rights through SKMHT must be upgraded to APHT in accordance with th

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17

Lachner, Višnja, and Jelena Kasap. "The foundations of creditor's liability in gratuitous contracts in Croatian medieval law." Zbornik radova Pravnog fakulteta Nis 59, no. 89 (2020): 205–26. http://dx.doi.org/10.5937/zrpfn0-28603.

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Gratuitous contracts (bailments) are the most common legal affairs in everyday legal transactions. On the one hand, their informal nature that distinguishes them from other legal affairs facilitates their application; on the other hand, it complicates the legal position of the contracting parties in case of breach of contractual obligations. Liability for breach of contractual obligation equally affects both contracting parties: the creditor and the debtor. In accordance with the principle of utility, the debtor is a contracting party that benefits most from the conclusion of a gratuitous cont

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18

Hera Widjayanti. "LEGAL PROTECTION OF CREDITORS RELATED TO COLLECTIVE RIGHTS ON LAND THAT HAVE NOT BEEN CERTIFIED AS A RESULT OF THE PROCESS OF REGISTRATION OF LAND RIGHTS HAS NOT BEEN COMPLETED." JILPR Journal Indonesia Law and Policy Review 4, no. 3 (2023): 174–80. http://dx.doi.org/10.56371/jirpl.v4i3.148.

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Legal protection for creditors regarding their existenceMortgage rights over land that have not been certified as a result of the process of registering land rights that have not been completed, and using normative juridical research types with statutory approaches and conceptual approaches. The results of this study conclude that the results of the research show that the legal consequences of the registration of land rights that have not been completed (hereinafter referred to as apht) to bank credit agreements made by the parties before a notary/official making land deeds (hereinafter referr

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19

Masakke, Fransisca Utami, Irena Hapsari, and Syaukah Az-Zahro. "ASPEK AGUNAN SEBAGAI PERLINDUNGAN HUKUM BAGI BANK SELAKU PENYEDIA LAYANAN KREDIT ONLINE." Perspektif Hukum 20, no. 1 (2020): 1. http://dx.doi.org/10.30649/phj.v20i1.236.

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The implementation of lending and borrowing money or credit in general requires an additional agreement in the form of a guarantee agreement for the safety of the loan. Debt guarantees are giving confidence to creditors over the payment of debts they have given to debtors, this is due to the law or the issuance of an agreement that is assessoir of the principal agreement. Regarding the nature of the collateral agreement is the assessoir, that agreement follows the principal collateral in the form of a debt or credit agreement. The type of debt collateral can be in the form of material collater

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20

Mario Satria Nagara Hendra. "Pelelangan Objek Jaminan Berupa Hak Guna Bangunan Yang Habis Masa Berlakunya." Al Qodiri : Jurnal Pendidikan, Sosial dan Keagamaan 22, no. 2 (2024): 104–20. https://doi.org/10.53515/qodiri.2024.22.2.104-120.

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A legal relationship based on a building right as a security interest is a manifestation of the creditor's prudence in a debt agreement, and it gives rise to a property right. This type of property right is classified as a security property right and has several unique characteristics, including the creditor's preference right and, most importantly, the fulfillment of its right. This security interest as a form of property right can be extinguished due to several reasons, including the expiration of the right to the land that is being used as the object of the security. Creditor protection and

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21

Tambuann, Bertua Putra. "Perlindungan Hukum terhadap Kreditur Pasca Putusan Mahkamah Konstitusi Nomor 18/PUU-XVII/2019." Wajah Hukum 8, no. 1 (2024): 187. http://dx.doi.org/10.33087/wjh.v8i1.1396.

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After the Constitutional Court decision Number 18/PUU-XVII/2019, the execution of fiduciary collateral created a sense of injustice and lack of legal certainty for creditors as money lenders. This decision eliminates the Creditor's authority to execute fiduciary collateral objects, as previously stated in article 15 paragraph 3 of the fiduciary law. As a result, the Creditor experienced problems in executing the fiduciary guarantee object after the Debtor failed to fulfil its obligations. The purpose of this writing is to find out what the ideal form of legal protection for Creditors is after

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22

Sihabudin, Sihabudin, and Edo Adhitama. "HAK KREDITOR DENGAN TAGIHAN PIUTANG TERTOLAK DALAM PROSES PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG." Arena Hukum 16, no. 1 (2023): 83–104. http://dx.doi.org/10.21776/ub.arenahukum.2023.01601.5.

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One of the stages in delaying payment of receivables obligations (PKPU) is the verification of receivables. There may be a possibility that the claim for receivables being rejected at the verification stage may occur, but there is no legal remedy that can be taken by the creditor, either ordinary or extraordinary legal remedies. This article aims to analyze the legal protection of creditors' receivables which are rejected at the receivables verification stage by administrators in the PKPU process and the authority of the supervisory judge in terms of the creditor's bill being rejected at the r

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23

Dieckmann, Johann Andreas. "The Province of Subrogation Determined: Some CorrectionsA Functional Analysis of the Guarantor's Right to Derivative Recourse, Comprising a Critique of the Restitutionary Thesis." European Review of Private Law 20, Issue 4 (2012): 989–1043. http://dx.doi.org/10.54648/erpl2012063.

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Abstract: The doctrine of subrogation is a creature of English equity jurisprudence. It permits a surety to obtain the creditor's rights (securities, claims, and remedies) against the principal debtor for recourse purposes. The guarantor derives his position vis-à-vis the principal from the creditor. Why is subrogation granted? There are different answers. According to the traditional view in the English case law, the purpose of subrogation is that equity will correct a decision of the creditor who of his debtors to exact payment from. If the surety as the party liable secondarily is forced to

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24

Ciobanu, Mircea, and Ion Bitca. "Standby personal guarantee considerations." Vector European, no. 2 (January 2023): 13–17. http://dx.doi.org/10.52507/2345-1106.2022-2.03.

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By autonomous personal guarantee we will understand that contract by which one or more persons (autonomous personal guarantees) oblige themselves to another person (the creditor of the secured claim) to satisfy, at his request, the claim or claims submitted. This definition results from the provisions of art. 1628, para. 3, C. civ: "Autonomous personal guarantee is considered the obligation of the guarantor assumed for the benefit of a creditor, for the purpose of guarantee, in which it is expressly provided or from which it unequivocally follows that it does not depend on the obligation that

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25

Dumitru-Nica, Maria, and Costina-Ștefana Pristavu. "What Is Not Well Started by the Creditor, Can End Nicely For the Debtor in the Enforcement Appeal." European Journal of Law and Public Administration 8, no. 2 (2021): 82–94. http://dx.doi.org/10.18662/eljpa/8.2/163.

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Capricious can prove to be the paths of the forced execution procedure especially when, from the premise situation of a creditor who starts a seemingly valid enforcement procedure, it quickly reaches an outcome opposed to the one he wanted, consisting in canceling the enforcement itself. The passage of time must keep alive the creditor's desire to see his right, recognized by the enforceable title, realised, and in some extreme situations, it must even impel him to act. Losing the notion of time, the creditor also loses the certainty that his wish will be fulfilled, and will assume, as a conse

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26

Arya Dharma, Yafiz, and Syaddan Dintara Lubis. "Analisis Yuridis Peralihan Jaminan Fidusia Kepada Pihak Ketiga Tanpa Sepengetahuan Kreditur." Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan dan Ekonomi Islam 16, no. 2 (2024): 354–67. http://dx.doi.org/10.32505/jurisprudensi.v16i2.8555.

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This study aims to analyze the legal consequences of the transfer of fiduciary collateral to a third party without the creditor's knowledge and the debtor's responsibility for such actions. The issue arises when a fiduciary creditor executes a process that violates existing procedures and regulations by seizing the collateral without selling or auctioning it. This execution is carried out due to time and cost considerations that are disproportionate to the expected results. The research employs a normative juridical approach, reviewing literature sources, including the Civil Code and Law No. 4

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27

LoPucki, Lynn M. "The Unsecured Creditor's Bargain." Virginia Law Review 80, no. 8 (1994): 1887. http://dx.doi.org/10.2307/1073548.

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28

Radovic, Vuk, and Nenad Tesic. "On creditor's supplemental rights." Anali Pravnog fakulteta u Beogradu 63, no. 3 (2015): 141–69. http://dx.doi.org/10.5937/analipfb1503141r.

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29

Shao, Ziping. "Research on the Theoretical Basis of Limitations on Personal Bankruptcy Exemptions." Journal of Economics and Law 1, no. 2 (2024): 199–203. http://dx.doi.org/10.62517/jel.202414229.

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The exemption system is the core of modern personal bankruptcy law, but it should be clear that the bankruptcy exemption is not a system that exclusively serves the debtor, but it is the result of balancing the interests of the creditors, the debtor and even the whole society, so it is indispensable to construct the personal bankruptcy exemption system and to make certain limitations on the exemption. The theoretical analysis of the limitation of personal bankruptcy exemption is carried out by elaborating on the theory of debtor cooperation, humanitarian theory and social utility theory. The t

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30

Li, Runchen. "The Legal Effect of Creditor's Right of revocation: A Reflection on the System and the Search for a Way Out." Advances in Education, Humanities and Social Science Research 6, no. 1 (2023): 480. http://dx.doi.org/10.56028/aehssr.6.1.480.2023.

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The current market economic activities are quite active, the legal relationship of credit and debt is intricate and complex, and the malicious debt evasion behavior of some debtors brings certain hidden dangers to the safety of market economic transactions. The creditor’s revocation system has become a necessary means to ensure the realization of the interests of creditors, but some defects have been exposed in the judicial practice process. In terms of the attribution of revocation effect, the currently adopted "banked principle" may cause a decrease in the enthusiasm of the revocator and eve

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31

Tot, Ivan. "Paušalna naknada troškova naplate u poslovnim transakcijama." Zbornik Pravnog fakulteta Sveučilišta u Rijeci 41, no. 2 (2020): 487–505. http://dx.doi.org/10.30925/zpfsr.41.2.3.

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The Financial Operations and Pre-Bankruptcy Settlement Act of 2012 (ZFPPN) has introduced into Croatian law “a special compensation for the creditor's recovery costs incurred due to debtor's late payment in commercial transactions”, as a new legal consequence of late payment. The statutory amount of this lump sum compensation for recovery costs is prescribed in the Art. 13 (1) of the ZFPPN, which provides that the creditor of a monetary obligation is entitled to a lump sum compensation in Croatian kunas in the amount equivalent of 40 €. The paper discusses the permissibility of a contract term

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32

Talia, Maria Clarisa, and M. Hadi Shubhan. "Kewajiban Kreditor Separatis yang Menjual Benda Jaminannya Untuk Memberikan Hasilnya Kepada Kreditor Preferen." Jurist-Diction 5, no. 6 (2022): 2287–310. http://dx.doi.org/10.20473/jd.v5i6.40129.

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AbstractProperty owned by the debtor which has been declared bankrupt by the court, based on Article 1131 Indonesia Civil Code will be gathered as bankruptcy estate and used for repayment of all debts. Article 60 Paragraph (2) Regulation 37/2004 regulates in the event that the collateral object is successfully executed by a separatist creditor during the 2 months period, if then there are privileged creditors such as tax and workers’ wage whom asks for a share of the sales, the creditor is obliged to provide whereas the collateral good isn’t always sufficient to settle the related separatist c

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33

Jin, Lulun, Yuyang Sun, and Younboo Joung. "A Study on the Realization Rules of Joint Mortgage Rights in China: Focusing on the Adjustment of the Parties' Interests." Wonkwang University Legal Research Institute 40, no. 4 (2024): 293–307. https://doi.org/10.22397/wlri.2024.40.4.293.

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The primary purpose of joint mortgage rights is to enhance the security and feasibility of the realization of creditor's rights through the collective guarantee of multiple mortgaged properties. In the field of civil law, the realization of joint mortgage rights must be based on respecting the autonomy of the parties involved, reasonably coordinating the interests of multiple parties, and ensuring the fair and effective realization of creditor's rights. Therefore, the free choice rights of the joint mortgagee should be reasonably restricted when realizing joint mortgage rights. When realizing

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34

Sriyati, Sriyati, Hari Purwadi, and Muhammad Rustamaji. "INOVASI STRATEGI BISNIS PEMBIAYAAN LEASING PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 18/PUU-XVII/2019 DAN NOMOR 2/PUU-XIX/2021." Prosiding Seminar Sosial Politik, Bisnis, Akuntansi dan Teknik 5 (December 9, 2023): 99. http://dx.doi.org/10.32897/sobat.2023.5.0.3086.

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The Constitutional Court's decision has degraded the executive power of fiduciary guarantees so that the creditor's position no longer has legal certainty. This research examines and analyzes innovation in financing business strategies after Constitutional Court Decision Number 18/PUU-XVII/2019 and Number 2/PUU-XIX/2021. The conceptual approach is used in this research, which is legal research with a perspective. Deductive syllogism is used as a technique for analyzing primary and secondary legal materials as well as data that can be collected through literature study. The results of this rese

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35

Plamenac, Jelena. "Prenuptial agreement as a subject of contesting by creditors." Pravo i privreda 59, no. 4 (2021): 564–84. http://dx.doi.org/10.5937/pip2104564p.

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Purpose of this article is to analyse possibility of contesting prenuptial agreement by creditors of one spouse in situations when there is doubt that concluding nuptial agreement has been taken in order to damage creditors. Th e research was conducted by the method of interpretation of legal regulations, with analysis how competent court would act in court proceedings initiated in order to protect creditor's rights. Conclusion is that concluding nuptial agreement currently gives possibility for abuse, so spouses can manipulate with this institute in order to avoid fulfilment of their obligati

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Benmelech, Efraim. "The Benefits and Costs of Secured Debt." Annual Review of Financial Economics 16, no. 1 (2024): 325–42. http://dx.doi.org/10.1146/annurev-financial-082123-105311.

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Secured debt—a debt contract that offers security to creditors in the form of collateralized assets—has been a cornerstone of credit markets in most societies since antiquity. The ability to seize and sell collateral reduces the creditor's expected losses when the debtor defaults on a promised payment. Moreover, when a firm borrows from multiple creditors with different seniorities, debt secured by assets has higher priority relative to other creditors and is first in line for payment if the firm is bankrupt. While the benefits of secured debt have been shown in both the theoretical and empiri

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전, 휴재. "추심소송과 기판력의 주관적 범위 — 추심소송과 채권자대위소송의 비교를 중심으로 —". Korea Association of the Law of Civil Procedure 26, № 2 (2022): 139–85. http://dx.doi.org/10.30639/cp.2022.6.26.2.139.

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The collection lawsuit and the subrogation lawsuit of creditors are structurally similar in that they exercise the debtor's rights against the third debtor in the creditor's position. In particular, in the case of a so-called “direct payment” creditor subrogation lawsuit, which has a preferential repayment effect by directly receiving money from a third debtor and offsetting the debtor's return and preserved bonds, it functions similar to a collection lawsuit for the satisfaction of an executive creditor. In addition, if the debtor knows the fact in any circumstances when a lawsuit by subrogat

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Prentice, D. D. "Creditor's Interests and Director's Duties." Oxford Journal of Legal Studies 10, no. 2 (1990): 265–77. http://dx.doi.org/10.1093/ojls/10.2.265.

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Binder, Michael. "Consolidation of the creditor and debtor: Confusio in Roman law and in the Austrian civil code (ABGB)." Zbornik radova Pravnog fakulteta, Novi Sad 58, no. 4 (2024): 1007–23. https://doi.org/10.5937/zrpfns58-55526.

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In both Roman law and Austrian civil law, there is a question regarding whether a consolidation between a creditor and his debtor leads to an expiration of the creditor's claim and the debtor's obligation. The following article focuses on legal relationships in which more than two parties are involved, meaning it would still be possible for the creditor (or his heir) to raise a claim against the debtor. Firstly, it is necessary to analyse a case from the Roman jurist Paulus (D. 46, 1, 71 pr.). Following this analysis, the legal situation in Roman law is compared to that in Austrian civil law.

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Wuisan, Ronald Samuel, and Herman Bakir. "Analysis of the Surabaya commercial court's decision rejecting the creditor's request for a postponement of debt payment obligation." Indonesian Journal of Multidisciplinary Science 4, no. 3 (2024): 164–71. https://doi.org/10.55324/ijoms.v4i3.1043.

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This study seeks to investigate and elucidate the legal implications arising from the rejection of the Creditor's PKPU Application as determined by the Commercial Court Decision in the Surabaya District Court, case number 79/PDT.SUS-PKPU/2020/PN Niaga Sby., to examine and evaluate the legal options accessible to creditors when the debtor cannot repay the debt. This research is a document study, which uses various secondary data such as laws and regulations, court decisions both at the first level, appeal, and cassation levels, as well as reviews, and legal theory, which can be in the form of o

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Demers, Robert. "L'obligation de bonne foi du créancier face à l'entreprise en difficulté en droit québécois et canadien." Les Cahiers de droit 22, no. 3-4 (2005): 561–77. http://dx.doi.org/10.7202/042458ar.

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This article deals with the creditor's duty of good faith towards a business in financial difficulties. While the common law rules have established over the years a duty of bona fides towards the debtor, our provincial courts were wary of such innovations and, as a general rule, had refused to consider any major changes in their policy. Recent pronouncements, however, indicate a more equitable interpretation of the creditor-debtor relationship and a consciousness of the role of the judiciary in difficult economic situations.

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E. Dawsey, Amanda. "Externalities among creditors and personal bankruptcy." Journal of Financial Economic Policy 6, no. 1 (2014): 2–24. http://dx.doi.org/10.1108/jfep-09-2013-0037.

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Purpose – The purpose of this paper is to explore the impact of creditors' undervaluing the total expected cost of a borrower's bankruptcy filing because a portion of the cost will be borne by other lenders. Creditors who bear a smaller portion of the total cost of a personal bankruptcy would be expected to take less care to avoid triggering one. Design/methodology/approach – This paper presents a theoretical model of a creditor's decision of how aggressively to pursue collection. The model shows that because each lender's collection actions increase the probability of bankruptcy, each lender

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Sutrisno, Sutrisno. "Legal Protection for Debtors over Separatist Creditors' Rights Related To Bankruptcy." Jurnal Akta 7, no. 1 (2020): 83. http://dx.doi.org/10.30659/akta.v7i1.9453.

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Indonesia, as a rechtstaat country, has consequences for the protection and respect of human rights of every class of society; for this reason the law in Indonesia must be able to realize the mandate of Article 28D paragraph (1) of the 1945 Constitution of the Republic of Indonesia. This includes legal protection for debtors over the rights of separatist creditor billing when bankruptcy occurs. In fact, the implementation of legal protection for debtors has not been able to do fairly up to now; this can occur because 1) the requirements for requesting bankrupt statements make it easy for debto

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Rosari, Lydia Kurnia Putri, Imam Nur Koeswahyono, and Diah Aju Wisnuwardhani. "Implikasi yuridis parate eksekusi obyek hak tanggungan." Jurnal Cakrawala Hukum 13, no. 1 (2022): 68–77. http://dx.doi.org/10.26905/idjch.v13i1.5189.

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To analyze and study the juridical implications of separate execution on the object/s of mortgage are the objectives to be achieved in this research and also to find out what are the obstacles faced by the Bank PT. Central Bank Asia Tbk. Kediri Branch in implementing para te execution with the object of the mortgage. The method used in this research is empirical legal research with interview data collection techniques, literature studies, and documentation. The results of the research with the method above show the obstacles that might occur is an obstacle that came from the debtor's side, for

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Gervais, Denise. "L'indexation des pensions alimentaires." Les Cahiers de droit 19, no. 3 (2005): 781–810. http://dx.doi.org/10.7202/042263ar.

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The rise in the cost of living has worsened the alimentary creditor's plight. Given the present economic context, the creditor's claim, which is supposed to provide him with the basic essentials, has fallen in value and no longer adequately serves its purpose. This study draws up an inventory of possible solutions to remedy the situation, such as the indexing of alimony.

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AL-ARABI, ALI. "The Zakah on the Creditor's Debt." Journal of King Abdulaziz University-Educational Sciences 12, no. 1 (1999): 269–334. http://dx.doi.org/10.4197/edu.12-1.8.

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Block-Lieb, Susan. "The Unsecured Creditor's Bargain: A Reply." Virginia Law Review 80, no. 8 (1994): 1989. http://dx.doi.org/10.2307/1073550.

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Ariffani, Ariffani, Rilawadi Sahputra, and Syaiful Azmi. "Analysis Of Consideration Of The Judge's Decision The Process Of Management And Settlement Of The Debtor's Property After The Bankruptcy Of The Debtor In Bankruptcy (Case Study No. 1/Pdt.Sus-Renvoi Prosedur/2022/PN.Niaga.Mdn)." International Asia Of Law and Money Laundering (IAML) 2, no. 4 (2023): 142–52. http://dx.doi.org/10.59712/iaml.v2i4.69.

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Research known bankruptcy property management process done after being decided by a court judge and seized the debtor's property bankruptcy by the curator, in this management curator will call the creditors to match the bill of receivables by holding a meeting verification, peace meetings and other meetings while on settlement if there is no peace agreement then the curator will sell and divide the assets that have been collected is reduced by bankruptcy costs and the rest will be shared with creditors, while that if the bankruptcy estate is not enough then creditors can take the effort law th

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Salsa Bila, Khoirun Nisa, and Wiwin Yulianingsih. "Perjanjian Jaminan Fidusia: Perlindungan Hukum Bagi Yang Dinyatakan Pailit." Legal Spirit 8, no. 3 (2024): 581–94. http://dx.doi.org/10.31328/ls.v8i3.5578.

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Legal relationships in social life give rise to rights and obligations, one of which is a fiduciary guarantee agreement. The existence of collateral or collateral in the case of granting credit is considered an important part. The existence of a guarantee is an effort to reduce the greater risk of providing credit. Fiduciary guarantees are given by debtors to creditors to repay their debts by transferring ownership rights to objects whose registration of ownership rights is still under the authority of the owner of the object. Meanwhile, the creditor will provide credit financing to the collat

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Agung La Tenritata, Anita Afriana, and Nun Harrieti. "KEPASTIAN HUKUM TERKAIT PENGALIHAN PIUTANG (CESSIE) DALAM PRAKTIK KREDIT PEMILIKAN RUMAH DITINJAU DARI KITAB UNDANG-UNDANG HUKUM PERDATA." Jurnal Poros Hukum Padjadjaran 3, no. 2 (2022): 327–40. http://dx.doi.org/10.23920/jphp.v3i2.765.

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ABSTRAKProgram Kredit Pemilikian Rumah (KPR) biasanya diadakan oleh Bank. Namun seringkali pada praktek KPR sering terjadi permasalahan, salah satunya ialah terjadi kredit macet. Salah satu solusi yang sering digunakan oleh bank selaku kreditur yaitu dengan melakukan pengalihan piutang (cessie) pada objek KPR tersebut. Namun disisi lain dengan adanya pelaksanaan cessie tersebut menimbulkan permasalahan baru, yaitu nasabah selaku debitur seringkali merasa keberatan dengan adanya keputusan cessie. Seringkali debitur beranggapan dalam prosedur cessie yang dilakukan oleh kreditur tidak sesuai deng

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