Relevant bibliographies by topics / Negligent creditors

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  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters
  5. Conference papers

Academic literature on the topic 'Negligent creditors'

Author: Grafiati
Published: 8 June 2024
Last updated: 31 July 2025

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Journal articles on the topic "Negligent creditors"

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Anisah, Lilies, and Eni Suarti. "Analisis Alternatif Restruturisasi Utang Atau Penutupan Perusahaan Pada Pandemi Covid-19 Melalui Pkpu, Kepailitan dan Likuidasi." Wajah Hukum 6, no. 2 (2022): 446. http://dx.doi.org/10.33087/wjh.v6i2.1082.

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The COVID-19 pandemic situation has caused the destruction of economies throughout the world, including Indonesia. The negligence of the debtor due to the COVID-19 pandemic can be used as a reason to apply for a postponement of debt obligations. Due to the Covid-19 pandemic which disrupts the financial stability of the debtor, so that the debtor cannot pay off his debt or is negligent to the creditor, he can apply for a suspension of debt payment obligations. On the basis of the covid-19 pandemic, that the impossibility of carrying out the contract in the form of financial incapacity. UUK &amp
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Pramana, Raditya Triatmaji, and Bambang Dwi Baskoro. "The Board of Directors' Criminal Liability for Companies Which Declared On Bankruptcy." Jurnal Daulat Hukum 4, no. 4 (2021): 239. http://dx.doi.org/10.30659/jdh.v4i4.17784.

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Bankruptcy is regulated in Act No. 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations (PKPU). In the regulation, the company is declared bankrupt, meaning that when the debtor (debt owner) has two or more creditors (debtors) who do not pay debts that are due and can be collected (cause of bankruptcy). The responsibility of the Board of Directors whose company is experiencing bankruptcy is in principle the same as the responsibility of the Board of Directors whose company is not experiencing bankruptcy. Bankruptcy status applies when there is a decision of the Commerc
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Komala, I. Gusti Ayu Trisna, and Desak Putu Dewi Kasih. "HAPUSNYA PERIKATAN KREDIT BANK AKIBAT PEMALSUAN TANDA TANGAN OLEH DEBITUR TERHADAP BENDA MILIK ORANG LAIN." Kertha Semaya : Journal Ilmu Hukum 8, no. 11 (2020): 1783. http://dx.doi.org/10.24843/ks.2020.v08.i11.p11.

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Tujuan penulisan jurnal ini untuk mengetahui konsekuensi yuridis terkait kredit bank yang diperoleh dari tindakan pemalsuan tanda tangan dan mengetahui perlindungan hukum terhadap kreditur atas pelepasan kredit dengan pemalsuan dokumen. Metode penelitian hukum normatif dengan pendekatan perundang-undangan dan konseptual digunakan dalam penulisan artikel ini. Hasil penelitian ini menunjukkan kreditur dan debitur telah melakukan perbuatan melawan hukum dalam pasal 1365 KUHPer karena kreditur lalai dalam kegiatan perbankan dan debitur melakukan penipuan dan pemalsuan dokumen dengan menggadaikan b
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Dian Pribadi Sihotang. "Pertanggungjawaban Debitor Terhadap Kreditor Konkuren Setelah Homologasi Perjanjian Perdamaian Penundaan Kewajiban Pembayaran Utang (PKPU)." Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora 1, no. 2 (2024): 01–12. http://dx.doi.org/10.62383/aliansi.v1i2.47.

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A peace agreement that has been homologated is binding on all creditors who agree to the peace plan in accordance with Article 286 of Law Number 37 of 2004. The debtor is obliged to prove that the peace agreement has been fulfilled by the creditors as per the peace agreement that has been agreed. This research is aimed at analyzing legal certainty regarding the rights of concurrent creditors after homologation has been carried out, the debtor's responsibility if the debtor does not fulfill his promise according to the peace agreement that has been homologated and analyzing the application of t
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Budiono, Doni. "Analisis Pengaturan Hukum Acara Kepailitan dan Penundaan Kewajiban Pembayaran Utang." ADHAPER: Jurnal Hukum Acara Perdata 4, no. 2 (2019): 109. http://dx.doi.org/10.36913/jhaper.v4i2.81.

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In carrying out its business, businessmen often establish a debt agreement. Debt agreements are a common thing between creditors and debtors. However, at times, it may cause a dispute between debtors who are negligent and unable to pay their debts to creditors. One of the eff orts to overcome the unpaid debt is through Bankruptcy and Postponement of Debt Payment Obligations petitioned by the debtors or the creditors. Bankruptcy is the general seizure of all the assets of a bankrupt debtor whose management and settlement is carried out by the Curator under the supervision of the Supervisory Judg
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Coumas, Michael. "Taking Directors Seriously: A Silver Bullet for Triggering the Creditors’ Interest Duty—Part I." Business Law Review 42, Issue 3 (2021): 121–27. http://dx.doi.org/10.54648/bula2021017.

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Directors of solvent companies owe a fiduciary duty to shareholders qua the company. If a company becomes technically insolvent, the duty switches to the company’s creditors. This is uncontroversial. However, the duty is also said to switch some point before, i.e., in the ‘vicinity of insolvency’. Therefore, directors must be able to make decisions which do not prejudice shareholders, in a way that is free from exposure to claims by creditors. This uncertainty stems from the case law, where the rules of company law have been confused with the policies underlying insolvency law. The two bodies
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Coumas, Michael. "Taking Directors Seriously: A Silver Bullet for Triggering the Creditors’ Interest Duty—Part II." Business Law Review 42, Issue 4 (2021): 175–81. http://dx.doi.org/10.54648/bula2021025.

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Directors of solvent companies owe a fiduciary duty to shareholders qua the company. If a company becomes technically insolvent, the duty switches to the company’s creditors. This is uncontroversial. However, the duty is also said to switch some point before, i.e., in the ‘vicinity of insolvency’. Therefore, directors must be able to make decisions which do not prejudice shareholders, in a way that is free from exposure to claims by creditors. This uncertainty stems from the case law, where the rules of company law have been confused with the policies underlying insolvency law. The two bodies
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8

Trianda Lestari, Syahrando Muhti, and Muhamad Fatur Rahman Bey Husdi. "Analisis Kasus Wanprestasi Antara Debitur Dan Kreditur Terhadap Perjanjian Pinjaman Kredit Bank Studi Kasus Putusan (Nomor 5/PDT.G.S/2023/PN.BTG)." Terang : Jurnal Kajian Ilmu Sosial, Politik dan Hukum 1, no. 1 (2024): 126–37. http://dx.doi.org/10.62383/terang.v1i1.76.

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A broken promise or default is a situation where a debtor is unable to fulfill his obligations in accordance with the debt and receivable agreement he made, for example not making installments or repayment on time. As in article 13138 of the Civil Code which states "All agreements made in accordance with law apply as law for those who make them. This agreement cannot be withdrawn other than by agreement of both parties, or for reasons determined by law, the agreement must be carried out in good faith. In this paper, the problem is regarding the bank credit payment agreement made between the de
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Kristina, Jennis. "Perjanjian Pengikatan Jual Beli Hak Atas Tanah Sebagai Jaminan Kredit Hak Tanggungan." SAPIENTIA ET VIRTUS 4, no. 2 (2020): 179–200. http://dx.doi.org/10.37477/sev.v4i2.194.

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Bank credit activities carried out with all internal policies must apply the principle of prudence. PPJB which is a binding agreement between the parties whose rights are not yet perfect, compilation is used as a guarantee of mortgage rights can be a cause of failure to fulfill the prudential principle. This research is a normative juridical research, using literature approach. The results of the discussion and conclusion of this study show: Bank's internal policy that states PPJB used as security of mortgage can be done using the process of making a Note Cover. This can bring the bank in the
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Azurma, Reza, Yulfasni Yulfasni, and Syahrial Razak. "Legal Protection of Creditors in Credit Agreements with Warranties of Power of Attorney Impose Collateral Rights That Have not Been Registered Based on PMA/KBPN NUMBER 22 of 2017 at Pt. BPR Harta Mandiri Pekanbaru." West Science Law and Human Rights 1, no. 04 (2023): 196–203. http://dx.doi.org/10.58812/wslhr.v1i04.148.

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Encounter rapidly growing, competitive, and integrated national economic development with increasingly complex challenges and an increasingly advanced financial system that requires policy adjustments in the economic field, including banking. Economic recovery is inseparable from the banking business's hazardous credit distribution. Therefore, collateral is significant in the issuance of credit. In practice, the Bank as a creditor provides credit facilities to the debtor. SKMHT was made to become a basis for making a Deed of Mortgage Rights (APHT). However, SKMHT has a term. Thus, both the cre
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Dissertations / Theses on the topic "Negligent creditors"

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Ligan, Mahoutin. "La déclaration de créances et le nouveau droit des entreprises en difficulté : Approche comparative Droit français/Droit OHADA." Electronic Thesis or Diss., Toulon, 2020. http://www.theses.fr/2020TOUL0136.

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La déclaration de créance est une procédure obligatoire réservée à tous les créanciers d'un débiteur qui fait l'objet d'une procédure collective. Elle a principalement une finalité financière et à pour objectif la connaissance du passif du débiteur, et donc de mesurer son endettement au jour du jugement d'ouverture. Cela se justifie par le fait que le nouveau droit des entreprises en difficultés, contrairement à la faillite ancienne, instaure une soumission aux règles rigoureuses de la discipline collective à tous les créanciers de l'entreprise défaillante. Lesquelles règles limitent le pouvoi
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DE, ROSA CORRADO. "IL FINANZIAMENTO ALLE IMPRESE IN CRISI." Doctoral thesis, Università degli Studi di Milano, 2015. http://hdl.handle.net/2434/282730.

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The subject of the analysis relates the liabilities against the banks arising from the lending to companies in economic distress or default ("concessione abusiva di credito"). Traditional doctrines, from France and Belgium, affirmed that the bank should be considered liable for the damages caused to the creditors of the company. This claim is based on the principle of entrust and deceptive appearance: the creditor negotiates with the company, and trusts the company's solvency, because the bank funded (and keeps on founding) it. Italian courts (see also Cassazione Sezioni Unite 7029-7030-7
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Books on the topic "Negligent creditors"

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Wittman, Donald A. Ex Ante vs. Ex Post. Edited by Francesco Parisi. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780199684267.013.40.

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Sometimes the sequence of events is important for establishing rights and obligations, and sometimes it is not. For example, if a nuisance was there before the neighbouring residences arrived, the nuisance is sometimes allowed to continue in the same location under the doctrine of coming to the nuisance. When and why should the doctrine be (or not be) upheld? While many concepts in law and economics do not explicitly have a time dimension, once we start thinking about ex ante versus ex post, a large number of seemingly unrelated areas of the law involve similar issues of sequence. When new reg
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2

Tax administration: Negligence and substantial understatement penalties poorly administered : report to the Chairman, Subcommittee on Private Retirement Plans and Oversight of the Internal Revenue Service, Committee on Finance, U.S. Senate. The Office, 1991.

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Book chapters on the topic "Negligent creditors"

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Schwenzer, Ingeborg, and Ulrich G. Schroeter. "Breach caused by creditor." In Schlechtriem & Schwenzer: Commentary on the UN Convention on the International Sale of Goods (CISG), 5th ed. Oxford University Press, 2022. http://dx.doi.org/10.1093/law/9780198868675.003.0087.

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Abstract This chapter focuses on provisions about how a party may not rely on a failure of the other party to perform, to the extent that such failure was caused by the first party’s act or omission. Article 80 has no direct predecessor in the ULIS. It explains that the article was included in the Convention based on a proposal by the former German Democratic Republic and provides for a complete exemption of the promisor from its contractual obligations. The chapter mentions civil law authors that conceive Article 80 to be an expression of the general principle of good faith. In contrast to ot
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Conference papers on the topic "Negligent creditors"

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Buga, Anastasia. "Protecția creditorului prin acțiunea oblică." In Simpozion Ştiinţific al Tinerilor Cercetători, Ediţia a 21-a. Academy of Economic Studies of Moldova, 2024. http://dx.doi.org/10.53486/sstc.v2.57.

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Derivative action is a means of guaranteeing the execution of obligations placed by the legislator at the disposal of the creditor who has a certain and enforceable claim, through which he can exercise the rights and actions of his debtor in the event that the latter neglects or refuses to do so. It may happen that a debtor does not exercise his rights towards his own debtor or otherwise omits to defend his rights and legitimate interests, due to absence, negligence, disinterest, due to a feared or imminent insolvency, or even because he intends to harm his creditors by not performing his obli
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Journal articles
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