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1
Dewi, I. Gusti Agung Mas Cahyani, Anak Agung Sagung Laksmi Dewi, and Ni Made Puspasutari Ujianti. "Kedudukan Hukum Perjanjian Kredit dalam Hal Objek Jaminan Fidusia Musnah." Jurnal Preferensi Hukum 1, no. 1 (July 27, 2020): 228–33. http://dx.doi.org/10.22225/jph.1.1.2166.228-233.
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Crediting activities can be carried out by anyone who has the ability to initiate a loan agreement between the creditor / creditor and the recipient of the loan / debtor, this is regulated in article 8 of the Banking Act. This study aims to analyze the legal position in the credit agreement if the fiduciary collateral object is destroyed, and analyze efforts to resolve disputes due to the destruction of the fiduciary collateral object. The method used is an empirical method with the approach of legal sociology. The results showed that the legal position of the credit agreement if the fiduciary collateral object was destroyed either in the case that the object became the object had been insured or not insured by the owner of the object. The credit agreement remains and the debtor remains responsible for paying off the debt. With this situation, the creditor will turn into a concurrent creditor. Furthermore, in resolving disputes the destruction of fiduciary collateral objects, there are two ways, namely, if the object used as fiduciary collateral object by the debtor in a credit agreement is insured, the creditor can claim insurance for the collateralized object. Whereas if the object which is used as collateral has not been insured in this case the creditor has issued a credit and is taking care of the object's insurance, an undesirable event occurs by the debtor and the creditor, namely the destruction of the object used as collateral. Then the debtor must be held responsible by replacing the items pledged with new objects owned by the debtor and the selling price is the same as the credit issued by the creditor.
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William, G. Victor. "AKTA BORGTOCHT DALAM PERJANJIAN KREDIT." JURNAL MEDIA HUKUM DAN PERADILAN 5, no. 1 (May 30, 2019): 50–61. http://dx.doi.org/10.29062/jmhp.v5i1.75.
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Personal guarantee (borgtocht) is an additional agreement (accesoir) which is made for the benefit of the creditor. Personal guarantee cannot exist if there is no legal principal agreement between the creditor and the debtor, therefore this guarantee agreement involves three parties, namely the creditor, the debtor and the guarantor. The main reason for the making of personal guarantee agreement is because there is a relationship of interest between the guarantor and the debtor (the guarantor has an economic interest in the business of the debtor). Personal guarantee in practice are always made in written form. Personal guarantee agreement can be made in the form of under the hand deed or notarial deed. In banking practices, the agreement is made in the form of a standard contract that has been provided by the bank as the creditor. The party that signs this deed is the debtor and the guarantor, hereinafter the deed kept by the bank.
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Wiese, Mitzi. "The The Legal Operation of Liens: Theory and Practice." Potchefstroom Electronic Law Journal 24 (February 19, 2021): 1–23. http://dx.doi.org/10.17159/1727-3781/2021/v24i0a8721.
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The legal operation of liens has been the source of academic debates for many years. Liens are traditionally classified as enrichment liens and debtor-and-creditor liens (contractual liens). In the instance of an enrichment lien the creditor (lienholder) has a contract with a non-owner and not with the owner (debtor) himself. Consequently, the creditor can vest a lien against the owner of the thing only on the grounds of unjustified enrichment. Enrichment liens are classified as real rights. In the instance of a debtor-and-creditor lien (contractual lien) the creditor (lienholder) has a contract with the owner of the thing and the contract is the basis for the liability of the owner (debtor) towards the creditor. Debtor-and-creditor liens are generally classified as personal rights. This classification causes confusion regarding the legal operation on the one hand of an enrichment lien as a real right and on the other hand of a debtor-and-creditor lien (contractual lien) as a personal right. This paper proposes that the origin of the legal claim for which the lien serves as security (unjustified enrichment or contractual) merely determines the debt (expenses) for which a lienholder can vest his lien and does not determine the classification of a lien as either a real right or a personal right. A lien can be described as a defence against the owner's rei vindicatio and is, in principle, enforceable only against the owner of the thing (security object). A lien can, however, also be enforced against parties other than the owner, including the creditors (who, for example, want to attach the thing subject to the lien) of the owner (debtor) and other real claimants. The enforcement of a lien against these parties is referred to as the real operation (third-party action) of a lien. This paper analyses the legal operation of a lien with specific reference to the debt (expenses incurred) secured by the lien, the vesting (existence) of a lien, the real operation (third-party action) of a lien and the preferential position of a lienholder in the case of the debtor' insolvency.
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Shymon, L. S. "NAMED AND UNNAMED KINDS OF PERSONAL ENSURING." Actual problems of native jurisprudence, no. 4 (August 30, 2019): 62–66. http://dx.doi.org/10.15421/391914.
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The article deals with the named and unnamed special kinds of enforcement of the obligation. Special kinds of the fulfillment of an obligation ensuring are proposed to be considered as a means of protecting the rights of the creditor in contractual obligations, where the fulfillment of obligations caused by the debtor is due to the fulfillment of the obligation of the third (other than the debtor) of the surety, guarantor, joint or subsidiary debtor, insurer. Among the named kinds of securing the fulfillment of the obligation is investigated surety and warranty. Surety as a special kind of ensuring the fulfillment of the obligation means that in the event of a debtor breaking the obligation secured by it, the creditor’s property interests are met by a third party – guarantor. Surety arises exclusively on the basis of the concluded contract on surety. A surety contract may be concluded not only between the creditor and the surety, but also as a tripartite agreement between the creditor, the debtor and the surety, for example, when a surety contract is concluded as one of the part of the main contract. A surety agreement gives the right to thecreditor in the event of breach of a secured obligation to require the guarantor to fulfill the obligation incurred by the debtor. The surety is liable to the creditor so as a debtor, including the payment of principal debt, interests, penalty, damages, that is, he bears full responsibility for the debtor. As a rule, the surety and the debtor act as solidary debtors. The guarantee, as personal kind of ensuring the fulfillment of the obligation, protects the violated rights of the creditor by the way of enforcing the guarantor to bear responsibility for breaching the obligation by the debtor. Under guarantee, a bank, another financial institution, an insurance organization (guarantor) guarantees to the creditor (beneficiary) the fulfillment of the debtor (principal) of his duty. The guarantor independently is responsible to the creditor for violation of the obligation by the debtor. He is not a solidary debtor. The article considers the possibility of recognizing insurance as one of the unnamed to the research of insurance financial risks and insurance. Оf responsibility of the personal kinds of enforcement of the obligation fulfillment. This problem is given special attention. The author also proposes to refer to the unnamed types of enforcement of the obligation fulfillment the following: factoring – financing in the case of the right deviation to money claim, which legal structure has found its securing in Article 1077 of the Civil Code of Ukraine.
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van Hoof, V. J. M. "The ‘generalis hypotheca’ and the sale of pledged assets in Roman law." Tijdschrift voor rechtsgeschiedenis 85, no. 3-4 (December 14, 2017): 474–91. http://dx.doi.org/10.1163/15718190-08534p03.
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A Roman debtor and his creditor could tailor their contract of pledge to fit their needs. If the parties specified the pledged asset in the contract, they wanted to restrict the debtor’s right to dispose of the pledged asset. The debtor would transfer pledged assets subject to pledge if he acted without permission of the creditor. The creditor could recover the pledged asset from any third-party possessor. If the parties pledged all of the debtor’s present and future assets, they wanted to enable the debtor to dispose of pledged assets in his ordinary course of business.
6
Putra, Taufiq Hidayat, Busyra Azheri, and Dasman Dasman. "Legal Protection Against Bad Debtor Who is Bound by the Fiduciary Liability Insurance Against Auction Conducted by Creditor in Padang City." International Journal of Multicultural and Multireligious Understanding 6, no. 3 (July 19, 2019): 744. http://dx.doi.org/10.18415/ijmmu.v6i3.898.
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The execution of the fiduciary liability insurance, based on the fiduciary liability insurance certificate, has the executive power that is the same as the court decision that has obtained permanent legal force. The right to execute arises since a default occurs by a debtor whose creditor has the right to sell the object of the fiduciary liability insurance on his own power through auction. The purpose of this study was to find out how the execution process of the fiduciary liability insurance carried out by the company to the bad debtor and the form of legal protection against the bad debtor who is bound by the fiduciary liability insurance after the collateral object is auctioned by the creditor. After the auction is conducted, the author is interested in conducting a research discussing on the forms of legal protection against debtor who is bound by the fiduciary liability insurance after the collateral object is auctioned by the creditor. This research applies empirical juridical method by using primary and secondary data. The results of the study found that legal protection for bad debtor, who is bound by the fiduciary liability insurance after the collateral object is auctioned, is the elimination of fiduciary duties on objects guaranteed by fiduciary liability insurance and the return of the remaining credit obtained from the auction by the creditor to the debtor.
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Lazic, Miroslav. "Consumer protection in creditor-debtor relations." Zbornik radova Pravnog fakulteta, Nis 55, no. 74 (2016): 53–70. http://dx.doi.org/10.5937/zrpfni1674053l.
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Manuelides, Yannis. "Debtor–creditor engagement in sovereign restructurings." Capital Markets Law Journal 13, no. 3 (July 1, 2018): 427–51. http://dx.doi.org/10.1093/cmlj/kmy020.
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Ffrench‐Davis, Ricardo. "Latin American debt: Debtor‐creditor relations." Third World Quarterly 9, no. 4 (October 1987): 1167–83. http://dx.doi.org/10.1080/01436598708420021.
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Putri, Marina Ayusta Amindya. "Legal Efforts of Banks and Buyers on Discharging the Collateral Object for Auction that is Still Occupied." Hang Tuah Law Journal 4, no. 1 (August 25, 2020): 71. http://dx.doi.org/10.30649/htlj.v4i1.154.
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<p>Credit is the banking service that would require the colletral agreement of pledge assets to give the creditor a sense of security in case the debtor would not be able to pay the loan based on the agreement. After it is proven that the debtor could not pay the amount agreed on the agreement, then the pledge assets will go for a public auction by the creditor. The provit of the auction then will be used to pay off the amount of money that the debtor owed to the creditor. For instance, the debtor would need to walk away from the pledge assets including their house and other assets in connection to the loan but more often than not, the debtor choose to stay in the buildings they signed as the pledge assets for the amount of money they owe and refuse to walk away from it. Though legally, the buildings that are being written as the pledge assets are essentially forefeitable for the auction to be bought by the buyer for the profit of the creditor. Once they are sold on the auction, they are the property of the buyers instead of the owner who owed the creditor. Thus, this paper questions about the legal steps that can be taken by the creditor and buyers on the emptying of the buildings as the object of collateral based on legal facts, literature, and the law. The paper aims to give a solution on how the object collateral dispute can be solved and the buyers can get what they bough on the public auction.</p>
11
Abdullah, Apnizan. "Is Garnishee Proceeding Feasible on Islamic Banking Deposits and Investment Accounts in Malaysia?" ICR Journal 6, no. 4 (October 15, 2015): 580–83. http://dx.doi.org/10.52282/icr.v6i4.306.
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It is common in loans or debts recovery action that once a creditor obtains a judgment from the court of law against his debtor, he will eventually proceed to enforce it. Fundamentally, there are several methods of enforcement of the judgment available to the judgment creditor, inter alia writ of execution which includes writ of seizure and sale, writ of possession and writ of delivery, judgment debtor summons, stop orders, appointment of receiver and committal. Another prevailing mode of the enforcement of judgment in the market is garnishee proceeding. Procedurally, a garnishee proceeding is initiated by a judgment creditor by way of applying to the court for an order to be issued on a person who is indebted to the judgment debtor (a garnishee) to satisfy the amount judgment sum or a sum of an order of payment issued by the court against the judgment debtor.
12
Nasution, Muhammad Reza Pahlevi, Rostrianda Siallagan, Fera Angelina Ginting, Tanti Wijayanti Oktavia, and Satria Braja Hariandja. "Implikasi Hak Kebendaan terhadap Jaminan Fidusia dalam Kredit Perbankan (Studi Kasus PT. BANK SUMUT)." Journal of Education, Humaniora and Social Sciences (JEHSS) 3, no. 1 (August 8, 2020): 125–32. http://dx.doi.org/10.34007/jehss.v3i1.213.
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In a variety of credit systems offered by PT. Bank Sumut Branch Of Medan turned out to have various methods in its procedural. This journal aims to find out the conditions set by PT. Bank Sumut Branch Of Medan as a creditor to each debtor,the research method used is judiscial empiricial that is by conducting field research, the results of the study show the creditor has the same absolute conditions for each type and nature of the credit offered, in its determination the debtor must be able to provide a collateral object in the form of fiduciary the object is a ceiling of 125% of what the debtor gets and the executor of PT. Bank Sumut Branch Of Medan is still carried out according to warnings made by company through 3 phases of summons, then if the debtor does not have good faith in paying off his debts, the creditor can sue the debtor for trial and obtain a district court decision as the basis for executing the fiduciary guarantee object in material rights. With the result of the transfer of material rights, the existence of the object of fiduciary collateral is wholly owned by the creditor and can be auctioned off at the KPKNL and can also be through the absolute surrender of PT. Bank Sumut Branch Of Medan by selling it real execution.
13
Salihu, Ekrem. "The Right of Pledge on Movable Items (Pignus) in Republic of Kosovo." European Journal of Social Sciences 2, no. 1 (March 30, 2019): 49. http://dx.doi.org/10.26417/ejss-2019.v2i1-55.
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The pledge is an item right based on which its official holder – the pledgee may seek the payment of his/her claims from the item if those aren’t paid within certain time limit. The right of pledge in the Republic of Kosovo constitutes a complex occurrence which has various relations on which at one side is the pledgee creditor, and in the other side are debtor pledgor and other third persons. The role of pledge and its affirmation is related to most qualitative changes of claims. The right of pledge as item right in foreign item (iura in re aliena) makes a history only to a certain degree of economic and social development. In this degree of development there was a need and necessity to secure the other’s claims even de facto, by the hand item, by ”pledging” of an item. The creditor requires that his claims to the debtor be secured by obtaining of a pledge of debtor item. The debtor’s conjunction of creditor by obtaining debtor’s item is safer for the creditor to realize its claims, rather than when the debtor secured these claims by his/her personality, bail, personal insurance. In the Kosovo legal system there is possessory pledge, non-possessory pledge and the pledge over the rights.
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Sutanto, Himawan, Hanif Nur Widhiyanti, and Istislam Istislam. "Legal Protection Against Banks As A New Creditural Candidate In Take Over Credit Process." Unram Law Review 2, no. 2 (October 20, 2018): 126–40. http://dx.doi.org/10.29303/ulrev.v2i2.45.
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This research journal discusses legal issues relating legal protection of the bank as a prospective new creditor in the process of taking over credit. Where there is no certainty of legal relationship between new creditor candidate with debtor. The Bank as a prospective new creditor can not ensure the release of roya letter on the same day as the binding, so there is no certainty of guarantee status. Bank as a potential creditor becomes a vulnerable party at risk of loss. This study aims to determine and analyze the presence or absence of legal relationship between the bank as a new creditor candidate with the debtor and to know the form of legal protection against the bank as a new creditor candidate in the process of taking over credit that is not in accordance with applicable rules. The research method used by the author is the approach of legislation (statute approach) and case approach (case approach).The absence of a strong legal relationship between the bank as a prospective new creditor with the debtor in the outstanding redemption process, where there is no guarantee of the issuance of the roya letter on the same day during the binding process, in the absence of kepsatian regarding the status of the guarantee, the bank becomes a risky party suffered losses so that the need for a form of legal protection in a preventive and repressive.
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Pramudita, Shabrina Aliya, Kartikasari Kartikasari, and Amelia Cahyadini. "KEDUDUKAN HUKUM MENKOMINFO DALAM PELAKASANAAN PERDAMAIAN MENURUT UNDANG-UNDANG NOMOR 37 TAHUN 2004 TENTANG KEPAILITAN DAN PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG." Legal Standing : Jurnal Ilmu Hukum 4, no. 1 (April 25, 2020): 101. http://dx.doi.org/10.24269/ls.v4i1.2347.
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Susension of Payment (PKPU) is the time given by the law through the commercial court’s judgment where the Creditor and the Debtor are given the chance to discuss the ways to pay their debts by giving the payment plan as a whole or in partial, including if it is considered necessary to restructure the debts. It is known that there is the implementation of the peace agreement in PKPU. The parties in the implementation of the peace agreement are the Creditor and the Debtor. Moreover, it is also known that there are Preferred Creditor and Concurrent Creditor. However, in regard to the classification of the Creditors, there are several cases that show that the Creditor’s legal standing is debatable and it creates a problem during the implementation of the peace agreement in PKPU.
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Pangestu, Puja Dwi. "Actio Pauliana as the Rights Protection Efforts for Creditors in the Bankruptcy Case." Journal of Private and Commercial Law 3, no. 1 (May 31, 2019): 26–29. http://dx.doi.org/10.15294/jpcl.v3i1.18673.
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The implementation of a debt agreement is often found in bad faith by the debtor where the debtor is unable to pay off his debts. When the debtor is deemed unable to pay off all of his debt, the debtor can voluntarily submit palitit to the Commercial Court. Submission of bankruptcy can also be applied by creditors, of course, bankruptcy permits by debtors or creditors must fulfill the conditions mandated in the bankruptcy law. When debtors are declared bankrupt, all assets owned by the debtor are collateral for their debts.However, in its implementation, it is often found that ill will is carried out by the debtor, namely when the debtor feels that he is no longer able to repay his debts, the debtor transfers his assets to the third party for his own benefit. To protect the interests of each creditor then curator can make an action with actio pauliana, , Actio Pauliana is cancellation of all of the legal action of the assets taken by debtors. The research objective of this article is to know and understand the bankruptcy determination process based on the Bankruptcy Act and how actio pauliana attempts to protect the rights of each creditor.
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Kraay, A., and J. Ventura. "Current Accounts in Debtor and Creditor Countries." Quarterly Journal of Economics 115, no. 4 (November 1, 2000): 1137–66. http://dx.doi.org/10.1162/003355300555033.
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Putri, Leonita Anastasya. "Analisis Penghapusbukuan oleh Bank terhadap Utang Debitur atas Kredit Macet." Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan 5, no. 1 (June 30, 2020): 95. http://dx.doi.org/10.17977/um019v5i1p95-103.
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This study aimed to analyze write-off as a form of settlement over bad credit and the legal consequences of write-off by banks on debtors' debts over bad credit. The study used the normative juridical research method. From the discussion, it was obtained that the write-off was not as a settlement of bad credit between the two parties but rather the settlement of only one party, namely the creditor. The legal consequence of a write-off was that the creditor still had the right to claim the debtor so that the debtor was still obliged to pay to the creditor. Nevertheless, the bank's obligation to pay taxes had not increased.
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Widiasari, Hayuning. "Perlindungan Hukum Bagi Para Pihak Dalam Perjanjian Kredit Dengan Jaminan Hak Taggungan." Res Judicata 1, no. 2 (December 18, 2018): 86. http://dx.doi.org/10.29406/rj.v1i2.1233.
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First, Execution security rights as a consequence of credit guarantees for legal protection for the benefit of creditors. This thesis raised about how the principles of justice that exist in the security rights can provide equal justice between the parties that the creditor and the debtor.As part of the creditors get credit guarantee from the debtor, the debtor has an attachment relationship with the lender if a default then the lender can do to guarantee the execution of the credit. The debtor in accordance with tracts of credit that has been approved by both parties in this case is the creditor and the debtor could not resist the execution unless resolve all obligations that have been agreed by both parties.Execution of dependents sometimes be biased in its implementation because the debtor not be included in the determination of the auction price execution. Prices are sometimes determined not correspond to the actual sale price, but only in accordance with debt that is owned. It needs legal protection fairest to protect the debtor in order to apply the principles of justice can be essential
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Magpantay, Damito Doria. "How to Report Receivables at Fair Value?" International Journal of Accounting and Financial Reporting 3, no. 1 (June 2, 2013): 189. http://dx.doi.org/10.5296/ijafr.v3i1.3710.
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The problem of asymmetric information faced by creditor-firms arising from deceitful manipulation of credit information by debtor-firms lingers because current disclosure standards fail to capture relevant information about the measure of creditworthiness of debtor-firms.
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SH., MH., Nurwati. "PROTECTION OF CREDITORS IN THE EXECUTION FIDUCIARY GUARANTEE KENDARAAN MOTOR CREDIT." DE RECHTSSTAAT 1, no. 1 (March 15, 2015): 62–75. http://dx.doi.org/10.30997/jhd.v1i1.418.
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ABSTRACTFiduciary security is legal security over on moving objects both tangible and intangible, and building or a house on the land belong to someone else, either registered or not, which cannot be burdened with mortgage rights that keep in control of the fiduciary as collateral of debt repayment. If debtor as Fiduciary giver to be insolvent, so the creditor is entitled to have the fiduciary mentioned. For repayment of the debtor and the creditor in this case is called the right separatists. There are many direct execution in banking practice about the object credit that are not perfect bound of guarantees or not through the insurance agency. Execution is doing by creditors, which debtor accompanied or not, or the object credit guarantees owner. Execution is done by regular sales or through creditor takeover. Protection of creditors interest doing by giving legal aspects of registration precedes rights while providing executorial title for the fiduciary receivers benefit, on the other hand, the registration arrangements for certain objects that are not listed cause haziness opportunities of law implementation if it isnot done by carefully and clearly. To protect creditors interests, at the time of the debtor defaults, so that creditors as apreferential rights receiver in debt collection and as legal evidence, so warehouse receipts guarantee that the debtor should be given the imposition of bail.Key: Execution, Fiduciary, Creditors, Debtors
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SALIHU, Ekrem. "The Right of Pledge on Movable items (Pignus) on Republic of Kosovo." PRIZREN SOCIAL SCIENCE JOURNAL 4, no. 1 (April 30, 2020): 42–49. http://dx.doi.org/10.32936/pssj.v4i1.139.
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The pledge is an item right based on which its official holder – the pledgee may seek the payment of his/her claims from the item if those aren’t paid within certain time limit. The right of pledge in the Republic of Kosovo constitutes a complex occurrence which has various relations on which at one side is the pledgee creditor, and in the other side are debtor pledgor and other third persons. The role of pledge and its affirmation is related to most qualitative changes of claims.
The right of pledge as item right in foreign item (iura in re aliena) makes a history only to a certain degree of economic and social development. In this degree of development there was a need and necessity to secure the other’s claims even de facto, by the hand item, by ”pledging” of an item. The creditor requires that his claims to the debtor be secured by obtaining of a pledge of debtor item. The debtor’s conjunction of creditor by obtaining debtor’s item is safer for the creditor to realize its claims, rather than when the debtor secured these claims by his/her personality, bail, personal insurance. In the Kosovo legal system there is possessory pledge, non-possessory pledge and the pledge over the rights.
Key word: The Right of Pledge, Pignus, Mortgage, Pledge Object, Pledge Principles, Titles for Obtaining the Right of Pledge by the Hand Item.
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Malik, Dyatmika, and Sri Endah Wahyuningsih. "Legal Protection For Debtors In Selling Of Immovable Guaranteed Objects Below The Market Price In Indonesian Positive Law." Jurnal Akta 5, no. 2 (May 15, 2018): 365. http://dx.doi.org/10.30659/akta.v5i2.3086.
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The difference price that occurs, in the implementation of execution of the debtor’s collateral object, the creditor should pay attention on the debtor’s right, ie the debtor should get a normal price on the guaranteed good which is being executed. It is related to the debtor's obligation, in case that the object’s price is under the value of the debt. The issues raised in this study are how the process of selling immovable goods under the positive law in Indonesia, How the actions that can be done by the debtor if the guaranty is sold by the creditor below the market price, How legal protection for the debtor in selling the immovable goods under the provisions of Indonesia's positive law. The research method used was normative juridical research with approach of law, concept, and case study. The results of this study found that, first, the initial procedure in selling the immovable goods is through an auction request. The auction request is made by the seller, in this case the creditor. Second, if the sale is conducted through auction, it can be requested for loss of a lawsuit against the law only found any mistake in the implementation of auction procedures. And third, these aspects include: Debtor position related to the determination of the limit value, the position of the debtor in the event of auction cancellation; The position of the debtor in the case of the sale of a guaranteed underhand object; and the position of the debtor when the item has been sold and is in a third party.Keywords: Protection; Sale; Positive Law; Immovable Objects
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Sonnekus, JC, and EC Schlemmer. "Regspraak: Novasie en delegasie van skuld – hoe raak dit die versekering van die tersake skuld?" Tydskrif vir die Suid-Afrikaanse Reg 2021, no. 2 (2021): 356–78. http://dx.doi.org/10.47348/tsar/2021/i2a9.
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Personal rights may be transferred by means of cession, and, in such an instance, the cedent (creditor) does not need the debtor’s permission, but once the debtor has been informed, the debt is redeemed only if he performs against the cessionary. If however, someone owes a debt, he (the debtor) can free himself of the obligation only if he redeems the debt, if he is released, or through the running of prescription. But sometimes it might be necessary that a restructuring of someone’s debts takes place or the debtor may want to be replaced with someone else who is willing to take over his obligation. This can be done only with the cooperation and agreement of the creditor. In such a case the debtor delegates his obligation to another person, who then becomes the new debtor of a new debt – the creditor relinquishes his right against the old debtor and accepts the new debtor and the new debt. The old debt no longer exists. It is also possible to rearrange the debt and create a new obligation which extinguishes the old debt – a novation takes place. This contribution starts with a discussion of these general principles and particularly the role that they (should) play when one is dealing with a secured debt which the debtor wants to delegate or when novation comes into play. This leads into a discussion of Wilke NO v Griekwaland Wes Korporatief Ltd (1327/2019) 2020 ZASCA 182 (23 Dec 2020) and the judgments in the earlier courts in which the supreme court of appeal and the other courts did not consider the implications of delegation and novation on an underlying debt when that debt was secured. Delegation and novation extinguish the underlying debt and any security right fortifying that debt is thereby also extinguished because of the principle of accessority. If the creditor requires the new debt to be secured, a new security right needs to be established by meeting all the requirements for the establishment of such security whether it is a right of suretyship or a real security right. A creditor must carefully consider agreeing to a delegation or novation of a secured debt since the implication is that he loses his secured and preferential position, and, even with the creation of a new security right, he loses the ranking he initially held in the line of secured creditors when a right of mortgage, for example, is at stake – qui prior est tempore potior est iure (D 20 4 11pr).
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Reetz, Pia. "Mora creditoris im römischen Recht." Tijdschrift voor rechtsgeschiedenis 83, no. 3-4 (December 10, 2015): 392–420. http://dx.doi.org/10.1163/15718190-08334p03.
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The German civil code (BGB) establishes that the creditor defaults when he delays his acceptance, regardless of the question of fault. Since the creditor is still obliged to pay the debtor, the creditor only harms himself by not accepting performance. On the other hand, it is stated in the special section of the BGB that the emptor is not entitled to reject performance. With regard to the question as to whether such an obligation was known in classical Roman law, the source material remains ambiguous. But the relevant fragments can be systematized to the extent that they aim to balance the conflicting interests of creditor and debtor. In comparing the solution according to classical Roman law with the legal position of the BGB, the interplay between the provision on creditor’s delay and the emptor’s duty to accept performance result in a legal solution which is quite similar to the balance of interests found in classical Roman law even though it is based on a different legal ideology.
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Sriwati. "Legal Protection for Creditor under Cross Default and Cross Collateral Clause in a Credit Agreement." Konfrontasi: Jurnal Kultural, Ekonomi dan Perubahan Sosial 8, no. 1 (March 28, 2021): 12–22. http://dx.doi.org/10.33258/konfrontasi2.v8i1.137.
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The business developments initiated by businessmen often require large amounts of financing, hence a third party interference is needed. For this purpose, businessmen generally apply for loans or credits from financial institutions, including banks. The legal relationship between a businessman as a debtor and a bank as a creditor is stated in a credit agreement. An issue arises when there is only one creditor with more than one debtor upon one single credit agreement. In such condition, cross default and cross collateral clauses are known. This research will discuss whether the cross default and cross collateral clauses can provide legal protection for a creditor in its credit agreement with the debtors. In conclusion, cross default and cross collateral clauses are not the only factors that provide legal protection for a credit agreement between one creditor and more than one debtors. The guarantee value in the guarantee agreement made must also be adjusted to the total debt value of all related debtors.
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Harke, Jan Dirk. "Cautio de rato und naturale debitum bei Venuleius D.46,8,8,1." Zeitschrift der Savigny-Stiftung für Rechtsgeschichte: Romanistische Abteilung 138, no. 1 (June 1, 2021): 507–22. http://dx.doi.org/10.1515/zrgr-2021-0011.
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Abstract Cautio de rato und naturale debitum in Venuleius D.46,8,8,1. Venuleius deals with a unique case of naturalis obligatio: If a debtor, when paying to a an agent of the creditor, obtains a guarantee of approval by the creditor, he thereby indirectly recognises the claim and can therefore no longer invoke that the claim did not exist in reality, even if he defeats the creditor in a later trial.
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Martsun, A. A. "Assignment of a Claim Under an Obligation in Which the Identity of the Obligee Is Essential for the Obligor." Siberian Law Review 17, no. 4 (December 31, 2020): 455–64. http://dx.doi.org/10.19073/2658-7602-2020-17-4-455-464.
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The Plenum of the Supreme Court of the Russian Federation adopted a resolution of December 21, 2017 No. 54 “On some issues of application of the provisions of Chapter 24 of the Civil Code of the Russian Federation on the change of persons in an obligation on the basis of a transaction", which sets out important clarifications regarding the application standards contained in this chapter. At the same time, not all issues related to the assignment of the claim were resolved by the above resolution. One of these issues is the definition of the term “essential value of the identity of the creditor” or approximate criteria for such a value in the context of the need to obtain the latter’s consent to the assignment of rights. The presence of this problem is rightly indicated in the scientific literature [3, p. 549–655, 688–713]. The Author examines the Model Rules of European Private Law and the UNIDROIT principles in order to find a solution to the problem. Attention is drawn to the problem of determining the essential value of the creditor for the debtor in the case of assignment of the right of claim, as well as to the consequences of making the assignment without the consent of the debtor under an obligation in which the identity of the creditor was essential.In the Author's opinion, the identity of the creditor is recognized as essential for the debtor when the connection between the debtor and the creditor arose as a result of the conclusion of a transaction that has a personallyconfidential nature, or if the connection arose during the conclusion of other transactions in the case when the connection was broken during the execution assignment of rights entails or may entail a significant deprivation for the debtor of what he had the right to count on when concluding a transaction with the creditor.In addition, situations are considered that are an exception to the presumption of the absence of a significant value of the creditor's personality for the assignment of claims for monetary obligations. The author also points out that the consequence of the transaction on the assignment of rights without the consent of the debtor in the context of paragraph 2 of Art. 388 of the Civil Code of the Russian Federation is the nullity of the transaction on the basis of paragraph 2 of Art. 168 of the Civil Code of the Russian Federation.
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Martsun, A. A. "Assignment of a Claim Under an Obligation in Which the Identity of the Obligee Is Essential for the Obligor." Siberian Law Review 17, no. 4 (December 31, 2020): 455–64. http://dx.doi.org/10.19073/2658-7602-2020-17-4-455-464.
Full textAbstract:
The Plenum of the Supreme Court of the Russian Federation adopted a resolution of December 21, 2017 No. 54 “On some issues of application of the provisions of Chapter 24 of the Civil Code of the Russian Federation on the change of persons in an obligation on the basis of a transaction", which sets out important clarifications regarding the application standards contained in this chapter. At the same time, not all issues related to the assignment of the claim were resolved by the above resolution. One of these issues is the definition of the term “essential value of the identity of the creditor” or approximate criteria for such a value in the context of the need to obtain the latter’s consent to the assignment of rights. The presence of this problem is rightly indicated in the scientific literature [3, p. 549–655, 688–713]. The Author examines the Model Rules of European Private Law and the UNIDROIT principles in order to find a solution to the problem. Attention is drawn to the problem of determining the essential value of the creditor for the debtor in the case of assignment of the right of claim, as well as to the consequences of making the assignment without the consent of the debtor under an obligation in which the identity of the creditor was essential.In the Author's opinion, the identity of the creditor is recognized as essential for the debtor when the connection between the debtor and the creditor arose as a result of the conclusion of a transaction that has a personallyconfidential nature, or if the connection arose during the conclusion of other transactions in the case when the connection was broken during the execution assignment of rights entails or may entail a significant deprivation for the debtor of what he had the right to count on when concluding a transaction with the creditor.In addition, situations are considered that are an exception to the presumption of the absence of a significant value of the creditor's personality for the assignment of claims for monetary obligations. The author also points out that the consequence of the transaction on the assignment of rights without the consent of the debtor in the context of paragraph 2 of Art. 388 of the Civil Code of the Russian Federation is the nullity of the transaction on the basis of paragraph 2 of Art. 168 of the Civil Code of the Russian Federation.
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Nur Apandi, R. Nelly, and Yudha Pradista. "PENGGUNAAN AKUNTANSI FORENSIK DALAM PENYELESAIAN KASUS KEPAILITAN." Jurnal Riset Akuntansi dan Keuangan 2, no. 2 (April 27, 2014): 314. http://dx.doi.org/10.17509/jrak.v2i2.6587.
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This research aim to know how bankrupt process and applying of forensic accountancy in bankrupt. Besides to know constraints any kind of faced in applying forensic accountancy in finishing case of bankrupt. This study uses qualitative methods. Informant this research consists of curators, civil servant, forensic accountants and Auditors.Result of this research indicate that forensic accountancy have role in assisting to finish case of bankrupt. This matter can be seen from some process or step is solving of case of done bankrupt in justice of commercial needing forensic accountancy. The first, checking off receivable and liability at litigation to prove that debtor really is having of debt to all creditor so that ascertain justice in deciding bankrupt an company. Second, enumeration of bankruptasset to data exist in document, financial statement, and debtor boldness with direct inspection in field. Third, checking off receivable and liability at the time of creditor meeting to know really conducted receivable and liability amount in agreement between creditor and debtor. Fourth, at the time of division of bankrupt asset to ascertain sequence of is division of between separatist creditor, preferential, and congruence seen the existence of guarantee or do not at the time of agreement of receivable and liability. Fifth, detecting the existence of indication of fraud that happened at case of bankrupt.
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Franken, Sefa. "Creditor- and Debtor-Oriented Corporate Bankruptcy Regimes Revisited." European Business Organization Law Review 5, no. 4 (December 2004): 645–76. http://dx.doi.org/10.1017/s1566752904006457.
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Warren, Stanton A., and J. Thomas Romans. "THE DEBTOR/CREDITOR STATUS OF WESTERN HEMISPHERE COUNTRIES." Financial Review 21, no. 3 (August 1986): 92. http://dx.doi.org/10.1111/j.1540-6288.1986.tb00756.x.
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Listianti, Euis, and Umar Ma'ruf. "Criminal Law Protection Of Giving Rights Of Liability Is Not The Debtor." Jurnal Daulat Hukum 1, no. 3 (September 5, 2018): 583. http://dx.doi.org/10.30659/jdh.v1i3.3342.
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In the practice of the loan agreement with collateral Mortgage made by banks as creditors, so if the debtor defaults in performing its debt to the creditor, the creditor has the right to make the execution of security object Encumbrance with its own power after first obtaining fiat yustitsia of the chairman of the court country where the land is located. In case of dispute the auction execution of mortgage security object between the Bank as the creditor with Zn as the debtor, as creditors of the bank's declared to have violated provisions of the law in the execution of security object security rights belonging to the debtor Zn. But in fact the execution and the execution of the auction object of mortgage collateral is in accordance with the provisions of Article 6 and Article 20 UUHT No. 4 of 1996 and also in accordance with the provisions and procedures of the auction procedure execution security object security rights under the laws of the auction. The problems addressed in this study is how to legality and legal power auction object execution Mortgage guarantees made at the request of creditors certificate holder.Keywords: Legal Protection, Criminal, and Encumbrance .
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Johan, Suwinto. "Separatist Creditors Problems on Postponement of Debt Payment Obligations Based on the Supreme Court’s Decree Number 30/KMA/SK/I/2020." Fiat Justisia: Jurnal Ilmu Hukum 15, no. 3 (June 29, 2021): 207–20. http://dx.doi.org/10.25041/fiatjustisia.v15no3.1956.
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Debt Payment Obligation postponement is an effort for creditors and debtors to settle the debts with a more efficient process. The creditor of a company consists of concurrent and separatist creditors. Based on the Supreme Court Decree Number 30/KMA/SK/I/2020 Book I on the Guidelines for the Settlement of Requests for Bankrupt and Postponement of Debt Payment Obligation of the Supreme Court of the Republic of Indonesia, the creditors who can submit Postponement of Debt Payment Obligation (PKPU) are only concurrent creditors. The separatist creditors are not allowed to submit PKPU. This is different from the Bankruptcy and the Postponement of Debt Payment Law Number 37 of 2004. Based on Law Number 37 of 2004, Creditors who can submit Postponement of Debt Payment Obligation are creditors who estimate that the debtor cannot continue to pay debts that are due and can be billed, can request that the debtor be given a postponement of debt payment, to enable the debtor to submit a reconciliatory proposal which includes offering the payment of part or all of the debt to the creditor. However, based on the Supreme Court Decree, only the concurrent creditor can submit Debt Payment Obligation’s postponement. As a result of this Supreme Court Decree, the separatist creditors cannot apply for Debt Payment Obligation postponement. Separatist creditors can propose the postponement of debt payment obligations if the separatist creditor has turned into a concurrent creditor. Separatist creditors become concurrent creditors if the collateral provided value is insufficient for the company’s obligations so that the separatist creditors can propose to be part of the concurrent creditors. By becoming a concurrent creditor, the separatist creditors can submit to be part of the peace proposal and distribute the remaining company assets.
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Hadinata, Ryan Ari. "Legal Consequences for Creditors Caused by Forced Withdrawal of Fiduciary Objects." NORMA 18, no. 2 (July 30, 2021): 27. http://dx.doi.org/10.30742/nlj.v18i2.1588.
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The researcher used the title Legal Consequences for Creditors Caused By Forced Withdrawal Of Fiduciary Objects. The formulation of the problems that arise includes, among others: what the creditor can take legal actions if the debtor does not pay the debt when it is due and what are the legal consequences faced by the creditor for the debtor's legal action related to the forced withdrawal of the object of fiduciary security by the creditor, The form of this research method is normative legal research, so in this study, an approach to legislation along with views and doctrines in legal science is analysed which is then analysed against the application of Law to resolve legal issues in this study. From the result the analysis carried out in this study, the researcher states that: as a result of the creditor executing the object of fiduciary security by force when the debtor defaults, it can be subject to criminal sanctions contained in Articles 335, 365, and 368 of the Criminal Code related to using coercion and physical violence and in Article 3 paragraph 1 of the Regulation of the Minister of Finance of the Republic of Indonesia Number 130/PMK.010/2012 which also imposes sanctions on financial institutions that do not register the object of guarantee at the fiduciary guarantee registration office. As for the things that underlie the parties to take legal action, namely: the creditor wants the debtor's obligations to be carried out correctly to pay off his debt. In contrast, the debtor wants to get protection against the forced withdrawal of the object of the guarantee carried out by the creditor.Keywords: Guarantee, Execution, Fiduciary
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Wati, Evi Retno. "EKSEKUSI JAMINAN PERORANGAN (BORGTOCHT) DALAM PENYELESAIAN KREDIT MACET MELALUI KEPAILITAN (ANALISIS PUTUSAN MAHKAMAH AGUNG RI NOMOR 2960 K/Pdt/2010)." Jurnal MINUTA 1, no. 1 (April 24, 2019): 14–19. http://dx.doi.org/10.24123/jmta.v1i1.1838.
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Generally collateral is divided into two, namely personal guarantee (persoonlijke zekerheid) and corporeal guarantee (zakerlijke zekerheid). On Personal collateral, what given by debtor was not an object but a statement made by the third party who has no interest at all both toward debtor or creditor. In the case that was reviewed in this research to wit The supreme court of Republic of Indonesia decree No. 2960 K/Pdt/2010 PT. Pertamina Dana Ventura (first named PT. Pertamina Saving & Investment), as a creditor filed a confiscation guarantee claim toward Kairudin Nur who is the guarantor of the debt of PT. Goro Bata Sakti (in bankruptcy) as a debtor. Guarantor in Indonesian Civil Code (later stated as KUHPer) is given a privilege which is stated in article 1831 KUHPer which given right to the guarantor to reject payment to creditor before the creditor’s property confiscated first and sold in order to pay the debts. If after the debtor’s property confiscated and sold are not enough to pay the debts, then in this case the guarantor is responsible for fulfilling the debts toward creditor. In The supreme court of Republic of Indonesia decree No. 2960 K/Pdt/2010, the guarantor right as ruled in KUHPer is violated. Therefore the law protection that can be given to the guarantor is the guarantor is given the right to accelerate the management and settlement toward debtor’s assets which were under curator supervision.
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Christiawan, Rio. "The Use of Receivables as Collateral in Business Practices in Indonesia." Yuridika 36, no. 2 (May 1, 2021): 427. http://dx.doi.org/10.20473/ydk.v36i2.25372.
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AbstractThis article discusses the enforceability of Article 9 of Law No. 42 of 1999 on Fiduciary Guarantee that allows the use of receivables as debt collateral in business practices in Indonesia. Receivables bound by fiduciary collateral is deemed as a special collateral— in the context of civil law, a special collateral will be prioritized in case the debtor does not voluntarily make when due. In business practices, long-term receivables will be established following an agreement between a debtor and a third party, and the receivables that the debtor is entitled to receive from the third party will be provided as collateral to secure the debtor’s obligations under his loan agreement with the creditor. The issue discussed in this paper is the fact that although theoretically special collateral in the form of receivables should be able to increase the creditor’s assurance of getting repaid, in practice long-term receivables put higher risk on the creditor instead. As comparison, this paper uses the accounts receivables fiduciary in the United Kingdom. The Writing Method used in this paper is the normative juridical approach with a focus on conducting juridical studies regarding the creditors' risk in the use of receivables, specifically long-term debt collateral. This paper shows that receivables that are used as collateral in fiduciary agreements actually put the greatest risk on the creditor; especially if the agreement between the debtor and the third party stipulates that in case the debtor fails to fulfil his obligations, all receivables that he is supposed to receive from the third party will be aborted and become non-existent.
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Lucaciuc, Ștefan Ioan. "The Fidejussor’s Early Regression in the Insolvency Proceedings." Journal of Legal Studies 21, no. 35 (June 1, 2018): 95–103. http://dx.doi.org/10.1515/jles-2018-0008.
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Abstract The early regression of the fidejussor implies his ability to "turn" against the debtor even before he pays something to the creditor „To turn against“ in the sense of the new Civil Code, does not mean the right to actually receive a payment before the fidejussor has paid, at least in part, the claim of the creditor in whose favor he has guaranteed. The same principle applies in insolvency proceedings where the fidejussor, who has not paid anything yet, may exercise early regression, but his claim against the debtor will be a potential, conditional one, reason for which it will be included in the debt table under suspensive condition, without voting rights.
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Dimitriu, Cristian. "Odious Debts and International Fair Trade." Daímon, no. 76 (January 9, 2019): 79–94. http://dx.doi.org/10.6018/daimon/275011.
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I argue that one of the most important reasons why international trade has been unfair is that weaker parties in trading negotiations have been illegitimately forced to accept terms of trade that they would not otherwise accept under normal circumstances, and these terms of trade have been harmful for them. Odious debts are at the center of this kind of injustice. Odious debts are debts that are not binding for the citizens of a country, as they were incurred by illegitimate rulers in the name of all the citizens, but used for private purposes, such as personal benefit, or to oppress the population. Despite the fact that these debts are not binding—that is, that they should not be repaid—creditor countries have coerced debtor countries to repay them and, more importantly for the purposes of this article, they have taken advantage of the fact that countries are burdened with these debts by tailoring trade agreements in their favor. They have done so by telling debtor countries that, unless they trade under terms that creditor countries want; non-binding (i.e. odious) debts will be enforced. The resulting state of affairs is not simply a convenient one for creditor countries and an inconvenient one for debtor countries. It is also an immoral one.
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Riska Koingo, Titin Dunggio, and Sukrianto. "FACTORS AFFECTING DEBTOR COMPLIANCE IN CREDIT SETTLEMENT IN PT. MANDALA MULTIFINANCE Tbk, THE TILAMUTA BRANCH." Journal of Economic, Business, and Administration (JEBA) 2, no. 1 (April 11, 2021): 66–75. http://dx.doi.org/10.47918/jeba.v2i1.211.
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The research objectives are: to determine the factors that affect debtor compliance in credit settlement at PT. Mandala Mtufinancial, Tbk Cab. Tilamuta.
This type of research used in this research is a type of qualitative research with a descriptive approach. Researcher's descriptive approach wants to describe or describe the facts or circumstances or symptoms that appear in PT. Mandala Multifinance, Tbk Cab.Tilamuta.
The results of this study are that natural factors that hinder debt repayment are crop failure for farmers and business instability by Civil Servants (PNS) because at this time they are still in the process of monitoring the Covid-19 pandemic. The consumer character that appears because the attitude and service of the company are not in accordance with the initial promise that the creditor has conveyed to the debtor. At maturity, the creditor provides a grace period of 3 days even up to 1 week when due, although the creditor has been given a grace period, unlike providing relief because the intervals of one day at maturity have been contacted directly by the company. The settlement taken by the company or the debtor in the process of handling credit is in the form ofRescheduling, Reconditioning and Restructuring.
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Gojani, Skender. "Mortgage as a legal instrument for enforcement of the contract of sale." Technium Social Sciences Journal 22 (August 9, 2021): 327–33. http://dx.doi.org/10.47577/tssj.v22i1.4214.
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Mortgage is a real means of securing the contract, the contracting parties, in many cases agree to finalize their agreement on a certain item by concluding a written contact, but in some cases the contracting parties can also be ensured in various ways to adhere to the rights and obligations arising from their contract.
The creditor on the one hand as the pledgee and the debtor on the other hand as the pledgor are those who enter into a contract by which they create their rights and obligations arising from the contract which must be drafted in support of the provisions of the Law on Obligational Relationships. At the time of entering into the contract they can also enter into a mortgage contract as a real means of securing the contract, where the creditor is assured that if the debtor does not meet the main contractual requirement, then by mortgage as a real means of securing the contract he will realize the main requirement of the contract, i.e. through the mortgage as a real means of securing the contract the pledgee creditor manages to fulfill the main requirement of the contract which the debtor has not been able to meet by the pledgor.
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Sulistyo, Didik agung, and Burhanudin Harahap. "A Legal Analysis on Novation of Joint Business Loan Due to Debtor's Divorce." International Journal of Social Sciences and Humanities Invention 6, no. 10 (October 25, 2019): 5694–97. http://dx.doi.org/10.18535/ijsshi/v6i10.08.
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The present study aimed to analyze the novation of joint business loan due to the debtor's divorce. The study employed normative legal approach. The data were collected using literature study on relevant documents and books.
Following the discussion, novation due to divorce should be firm and obvious for the husband as a new debtor, this is in line with article 1415 of Indonesian Civil Code. Moreover, novation should comply with article 1320 of Indonesian Civil Code. The old debtor, who was consisting of two people, is substituted by the husband as the new debtor. This substitution frees the wife from the obligation to repay the debt. The husband agrees and completely accepts the debt renewal. Due to this substitution, the creditor is no longer allowed to ask payment from the wife even if the husband is declared bankrupt unless the novation explicitly states that the creditor can ask the payment from the wife.
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Verhagen, H. L. E. "'Verfallpfand' in early classical Roman Law: real security in the archive of the Sulpicii." Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review 79, no. 1 (2011): 1–46. http://dx.doi.org/10.1163/157181911x563048.
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AbstractThe writing tablets discovered in 1959 near Pompeii (Tabulae Pompeianae Sulpiciorum or Tabulae Pompeianae Novae) provide a unique and extremely valuable insight into the 'law in action' in the Roman Empire of the first century AD. In particular, these tablets allow us to assess the functioning of the law of secured finance, as it was applied by the Sulpicii family and other commercial lenders in the seaport town of Puteoli (Pozzuoli). The focus of this article is on the enforcement of a right of pledge in case of default by the debtor. In particular, it discusses whether the creditor then acquired ownership of the pledged property or whether he was only entitled to suspend his obligation to return the pledged property to the debtor. It is argued that the most likely interpretation of the writing tablets is that the creditor acquired ownership when the debtor defaulted and that this enabled him to sell the property at auction or otherwise.
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Kasatkin, Sergey. "On Absolute Legal Force of Obligations." Journal of Russian Law 4, no. 4 (April 11, 2016): 0. http://dx.doi.org/10.12737/18687.
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The article considers the recent legislative changes that allow the extension of the notion of an obligation as a relative relationship. Based on judicial practice and the positions of well-known jurists, the author comes to the conclusion that an obligation does not only connect the debtor with the creditor, but also generates passive duty for all the subjects of law to refrain from creating obstacles to the creditor in the exercise of its subjective rights. Meanwhile a creditor has the right to protect subjective rights from violations not only on the part of the debtor but also on the part of any third party. However, in a number of statutory cases, the creditor may be denied the opportunity to refer to the obligation in relations with third parties. Such legal consequences occur, in particular, in case of non-fulfillment of legislative requirements on the necessity of state registration of the contract, and in case of violation of the rules of the notification on the pledge of movables. The author proposes to refer to legal significance of relative relationship for third parties as an absolute legal force of obligations.
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Asonuma, Tamon, and Hyungseok Joo. "Sovereign Debt Restructurings: Delays in Renegotiations and Risk Averse Creditors." Journal of the European Economic Association 18, no. 5 (March 18, 2020): 2394–440. http://dx.doi.org/10.1093/jeea/jvz080.
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Abstract Foreign creditors’ business cycles influence both the process and the outcome of sovereign debt restructurings. We compile two datasets on creditor committees and chairs and on creditor business and financial cycles at the restructurings. We find that when creditors experience high GDP growth, restructurings are delayed and settled with smaller haircuts. To rationalize these stylized facts, we develop a theoretical model of sovereign debt with multiround renegotiations between a risk averse sovereign debtor and a risk averse creditor. The quantitative analysis of the model shows that high creditor income results in both longer delays in renegotiations and smaller haircuts. Our theoretical predictions are supported by data.
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Kasak, Anto. "Is Full Preference for a Secured Claim in Insolvency Proceedings Justified?" Juridica International 28 (November 13, 2019): 112–21. http://dx.doi.org/10.12697/ji.2019.28.13.
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Secured claims have priority over other claims in the event of debtor insolvency with respect to the distribution of the debtor’s encumbered assets. Numerous writings have discussed the necessity of security instruments in the context of growth and development of the economy. Credit is indeed necessary for the economy’s development, but, at the same time, credit is the cause of insolvency. This can be put another way: efficient credit develops the economy, while inefficient credit causes insolvency. The author argues on this basis that restriction of the secured creditor’s rights in insolvency proceedings means not less credit but more effective credit. A security-holder whose rights are limited is going to lend more responsibly and monitor the activity of the debtor more intensively and effectively, because the risk of loss would otherwise increase. Better monitoring should lead also to earlier intervention by the secured creditor in the actions of the debtor, which can be expected to increase the number of cases of rescue of debtors headed for insolvency. The author suggests the option of removing a small amount from the secured creditor and distributing it among the unsecured creditors to make the credit system more efficient and reduce injustice. Implementing this option would not harm the interests of the secured creditor as much as it helps to render the whole system more efficient.
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Celandine, Madeleine. "Hak Regres Penanggung pada Jaminan Perorangan Dalam Kepailitan." Jurist-Diction 4, no. 5 (September 1, 2021): 1815. http://dx.doi.org/10.20473/jd.v4i5.29820.
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AbstractThe credit agreement as the principal agreement between the debtor and the creditor can acquire additional collateral providing material collateral and individual collateral. Personal collateral for individual rights, which is the agreement of a third party to bind themselves to debtors and creditors involved in credit agreements in accordance with the interests of creditors. In the event that the debtor does not have assets and is unable to repay debts to the creditor, the person responsible for paying the creditors' reserves and is obliged to pay debts to the creditor. The responsibility of the person responsible for compiling the debtor is not carried out by the creditor and the person responsible for the release of their privileges. The guarantor who has agreed to pay the debtor according to the law obtained by the right of regres, namely the right to recover from the payment owned. An interesting discussion about this Guarantee relates to the bankruptcy law regarding the enforcement of the right to regress so that it can be held accountable for receiving payments made. Keywords: Regress Rights; Personal Guarantee; Bankruptcy.AbstrakPerjanjian kredit sebagai perjanjian pokok antara debitor dengan kreditor dapat melahirkan jaminan tambahan berupa jaminan kebendaan dan jaminan perorangan. Jaminan perorangan melahirkan hak perorangan, yang merupakan persetujuan pihak ketiga untuk mengikatkan diri kepada debitor dan kreditor yang terlibat dalam perjanjian kredit demi kepentingan kreditor. Dalam hal debitor tidak memiliki harta kekayaan dan tidak mampu membayar utang kepada kreditor, maka penanggung berperan sebagai cadangan debitor dan wajib membayarkan utang kepada kreditor. Tanggung jawab penanggung lahir ketika debitor tidak melaksanakan kewajiban kepada kreditor dan penanggung telah melepaskan hak istimewa yang dimiliki. Penanggung yang telah menggantikan pembayaran debitor demi hukum memperoleh hak regres, yaitu hak untuk menuntut kembali atas pembayaran yang dimiliki. Pembahasan yang menarik mengenai jaminan ini berkaitan dengan hukum kepailitan mengenai penegakan hak regres agar dapat diakui sebagai utang untuk dapat memperoleh piutang pembayaran yang telah dilakukan. Kata Kunci: Hak Regres; Jaminan Perorangan; Kepailitan.
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Rousseau-Houle, Thérèse. "Résolution d'une promesse de vente immobilière: nécessité de l'avis de 60 jours." Chronique de jurisprudence 18, no. 4 (April 12, 2005): 921–30. http://dx.doi.org/10.7202/042198ar.
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This appeal was originally heard by a bench of three judges and, afterwards, considered by a bench of nine in an effort to resolve recent contradictory decisions. It was held that the possessor of an immovable under a promise of sale authorizing the promising vendor to retake possession of the property without compensation or indemnity in the event of failure by the promising purchaser to fulfil his obligations under the deed, is entitled to the sixty-day notice prescribed by articles 1040a and following of the Civil code. In the matter, the creditor, did not serve, as required by articles 1040a and 1040d C.c, the 60 days notice on the possessor with promise of sale. The fact that it would be pointless for the creditor to register the notice against his own property upon which the debtor had yet no registered right of ownership has no bearing, in the Court's opinion, upon the conclusion that the creditor is not obliged to give a 60 day notice to the debtor.
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Januar, Inri. "Kewajiban dan Tanggung Jawab Memenuhi Prestasi dalam Hukum Jaminan." to-ra 2, no. 1 (May 1, 2016): 287. http://dx.doi.org/10.33541/tora.v2i1.1131.
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Abstract
Law has an important role in the world economy , because the presence of lenders have made the position of the legal protection of the guarantee provided by the debtor. It should be alert to who is obliged to meet the achievement, and who is responsible for fulfilling achievement, it is to see if the position of individual guarantees directly replace the debtor at the time of default. Assurance also give priority to who is to first get the fulfillment of receivables if the debtor has turned out to be propagators of the creditor and the debtor turns out possessions is not enough to meet all its debts.
Kata Kunci: tanggung jawab memenuhi prestasi
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Setyaningsih, Setyaningsih, and Anis Mashdurohatun. "Peranan Notaris Dalam Pembuatan Akta Pemberian Hak Tanggungan (APHT) Terhadap Perjanjian Kredit Antara Kreditur Dan Debitur Dengan Jaminan Hak Tanggungan Di Purwokerto." Jurnal Akta 5, no. 1 (March 5, 2018): 187. http://dx.doi.org/10.30659/akta.v5i1.2547.
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ABSTRAKTujuan penelitian adalah untuk menganalisis dan mengkaji peranan Notaris dalam pembuatan Akta Pemberian Hak Tanggungan (APHT) terhadap kreditur dan debitur, untuk untuk menganalisis dan mengkaji kendala-kendala yang dihadapi Notaris dalam pembuatan Akta Pemberian Hak Tanggungan (APHT) terhadap kreditur dan debitur, dan untuk untuk menganalisis dan mengkaji dalam notaris dalam memberi solusi yang dihadapi Notaris dalam pembuatan Akta Pemberian Hak Tanggungan (APHT) terhadap kreditur dan debitur. Penelitian ini merupakan penelitian kualitatif dengan metode pendekatan secara yuridis normatif.Berdasarkan hasil penelitian dan pembahasan dapat diketahui bahwa peranan Notaris dalam pembuatan APHT sesuai Pasal 15 Undang-Undang Republik Indonesia Nomor 2 Tahun 2014 Tentang Perubahan Atas Undang-Undang Nomor 30 Tahun 2004 Tentang Jabatan Notaris terhadap kreditur dan debitur terletak pada tanggungjawabnya yaitu tanggungjawab terhadap akta yang dibuatnya serta perlindungan terhadap para pihak yang terkait di akta tersebut bila dikemudian hari terjadi sengketa di antara para pihak. Hal ini sesuai teori keadilan tindak menjadi monopoli pemikiran satu orang ahli saja dan teori kemanfaatan hukum dimana tujuan hukum semata-mata untuk memberikan kemanfaatan atau kebahagiaan.Kata kunci : peranan notaris, pembuatan APHT, perjanjian Kredit ABSTRACTThe purpose of this research is to know and explain the role of Notary in making Deed of Assignment Rights (APHT) to creditors and debtor, to know and explain constraints faced by Notary in making Deed of Assignment Rights (APHT) to creditor and debtor, and to know and explains how to overcome the constraints faced by a Notary in the creation of Deed of Assignment Rights (APHT) to the creditor and debtor. This research is a qualitative research with normative juridical approach method. The purpose of this research is to analyze and examine the role of Notary in the making of Deed of Assignment Rights (APHT) to creditors and debtors, to analyze and examine the constraints faced by Notary in making Deed of Assignment Rights (APHT) to creditor and debtor, and to analyze and review in a notary in giving solution faced by Notary in making Deed of Assignment Rights (APHT) to creditor and debtor. This research is a qualitative research with normative juridical approach method.Based on the results of research and discussion it can be seen that the role of Notary in making APHT pursuant to Article 15 of Law of the Republic of Indonesia Number 2 Year 2014 About Amendment of Law Number 30 Year 2004 About Position Notary to creditor and debtor lies on its responsibility that is responsibility to deed which he made as well as the protection of the parties concerned in the deed if in the future there is a dispute between the parties. This is in accordance with the theory of justice acts into a monopoly of the thinking of one expert only and the theory of legal benefit where the purpose of law solely to provide benefit or happiness.Keywords: role of notary, making of APHT, Credit agreement