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Articles de revues sur le sujet « Mortgage rights »

Auteur : Grafiati

Publié le 2 juin 2025

Mis à jour le 31 juillet 2025

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1

Hassan, Amjad, and Ehab Asarwa. "The rights and options of the holder of the mortgaged officially: An analytical comparative study." Hebron University Research Journal (HURJ): B- (Humanities) 18, no. 2 (2023): 189–212. http://dx.doi.org/10.60138/18220237.

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Among the most important provisions in the official mortgage contract is the right of the mortgagee creditor to encumber the mortgaged property after the mortgage debt has not been paid as agreed. In this way, the law defends the inalienable right of the mortgagee creditor against all infringements. Mortgagee creditor rights may be impacted by legal relations between the debtor and others, so the legislator is keen on granting mortgagee creditors the right to track the mortgaged property wherever they may be. The legislator, however, balanced the rights of the possessor and mortgagee creditor

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Abdulrahman, Saka, and Abigail Juwah. "The Legal Threshold of Rights and Liabilities of the Mortgagor, Mortgagee, and Lessee of a Mortgage Property in Relation to the Validity of a Lease." International Journal of Law and Society 7, no. 4 (2024): 139–47. http://dx.doi.org/10.11648/j.ijls.20240704.11.

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The general position of the law is that, subject to the agreement of the parties to a mortgage transaction, both the mortgagor and mortgagee of a leased property have power to lease mortgaged property. The only condition that needs to be satisfied is that the party leasing must be in possession. While the rights and liabilities of the mortgagor and mortgagee in relation to the mortgage contract poses no problems, the various legislations on mortgage do not provide for the rights and liabilities of a lessee where the property, subject matter of a mortgage, is leased. It would seem that the less

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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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Aldehimi, Ali. "The Scope of Mortgagee’s Protection in the Contract of Mortgage of Movables Registered in the Saudi System." Journal of Umm Al-Qura University for Sharia'h Sciences and Islamic Studies, no. 95 (December 19, 2023): 213–29. http://dx.doi.org/10.54940/si36922078.

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The study investigates the protection of the mortgagee of movables, focusing on the absence of possession of the mortgaged item and its replacement with the publicizing of the mortgage contract through registration in the unified register of rights over movable property. Additionally, the study explores the regulations that have expanded the scope of registered mortgages on movables, encompassing a majority of them. It examines the system's role in providing necessary protection for the mortgagee, allowing the mortgagor to possess the mortgaged movable. This process begins with the registratio

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Mitić, Nikola, and Aleksandra Nikolova-Marković. "Mortgage legal relationship and rights of a mortgage creditor in case of decrease in the value of a pledgeed property." Megatrend revija 18, no. 4 (2021): 71–80. http://dx.doi.org/10.5937/megrev2104071m.

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The right of the mortgagee and the mortgage relationship as part of the content of the mortgage is a very interesting area for research and study. Within the research and studies in this area, there are a number of elements that need to be analyzed and appropriate conclusions drawn. We have covered the concept of mortgage, mortgage relationship, rights and obligations of the mortgagee and the debtor, as well as the right of the mortgagee in case of reduction of the value of the mortgage by the debtor, by his act, to jeopardize the interests of the mortgagee.

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Juzikienė, Renata. "Peculiarities of Enterprise Mortgage as a New Form of Commercial Charge." Baltic Journal of Law & Politics 11, no. 1 (2018): 85–107. http://dx.doi.org/10.2478/bjlp-2018-0004.

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Abstract Enterprise mortgage is a new form of commercial charge applicable in the law of Lithuania since 1 July 2012. An enterprise mortgage as set out in the national law is distinct by its object, i.e. that an enterprise mortgage allows charging an enterprise as a whole, as an immovable property item; by the debtor’s (grantor’s) right to use the mortgaged assets in the ordinary course of business by transferring them to third persons free from encumbrance; also by the opportunity for the enterprise mortgagee to enfroce his rights by special method of enforcement: the enterprise purchase and

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Tešić, Nenad. "Whether the right of pursuit is constitutional property interest protectible against the state II part." Anali Pravnog fakulteta u Beogradu, no. 2/2018 (July 14, 2018): 89–105. http://dx.doi.org/10.51204/anali_pfub_18204a.

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The author, in this paper, is looking for Ariadne’s thread, which would help us to find the way through the legal labyrinth composed of justified reaction of the state in the war against organized crime, from one side and what is considered an appropriate protection of secured creditor’s subjective rights, from the other side. He points out that in resolving a dilemma, does the mortgagee have the right to enforce its debt against the Republic of Serbia (right of pursuit), in case if the extended confiscation of property (proceeds of crime) includes subject-matter of mortgage, the court should

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Denisenko, S. I., and O. M. Rubanets. "Some issues of legal regulation of real estate mortgages that children have the right to use." Legal horizons, no. 21 (2020): 31–36. http://dx.doi.org/10.21272/legalhorizons.2020.i21.p31.

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The article deals with topical issues of mortgage agreements, according to which the mortgage is transferred to the mortgage, the right of use of which are underage children, and the study of problematic issues of further recourse to such housing. As a result of resorting to a comprehensive interpretation of individual regulations and court decisions, the degree of legal uncertainty that coexists with such terminological term as “Housing for children to enjoy” has been investigated. The article contains a study of the norms of the law that ensure the realization of the child's right to use the

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Hadisantoso, Antonius Bernardus. "Perlindungan Hukum Kreditor Pemegang Hak Tanggungan Terhadap Obyek Hak Tanggungan Yang Diletakkan Sita Jaminan (Analisis Putusan Pengadilan Negeri Jakarta Timur Nomor 321/PDT.G/2012/PN.JAKTIM Dan Nomor 211/PDT.G/2014/PN.JAK.TIM)." SAPIENTIA ET VIRTUS 3, no. 2 (2018): 104–21. http://dx.doi.org/10.37477/sev.v3i2.180.

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The purpose of this study was to find out and analyze the legal protection of holders of liability rights to the placement of collateral seizures on objects of mortgages and legal remedies for holders of mortgage rights in the presence of collateral seizures on objects of mortgage rights. From the results of the study it is known: First, the UUHT has provided forms of legal protection for holders of mortgage rights, among others, giving a priority or prioritizing position (droit de preference); always follow objects that are guaranteed in the hands of whoever the object is (droit de suite); fu

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Povedyonkova, І. "Mortgage for Land Plots." Analytical and Comparative Jurisprudence, no. 5 (November 17, 2023): 247–52. http://dx.doi.org/10.24144/2788-6018.2023.05.43.

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The information discussed relates to the legal aspects of mortgaging land plots located in Ukraine. The joint ownership of land implies the division of the land plot into shares between co-owners. A land plot may be mortgaged with the consent of all coowners in accordance with the current legislation of Ukraine, namely the Civil Code of Ukraine, the Land Code of Ukraine, the Family Code of Ukraine, the Law of Ukraine "On Mortgage”, the Law of Ukraine "On Notaries”. The designated purpose of a land plot plays an important role in its use for intended purpose; if the land plot is used for

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Alfatino, Ahmed, and Widhi Handoko. "Implementation of Application of Mortgage Rights Electronically." Sultan Agung Notary Law Review 3, no. 4 (2021): 1242. http://dx.doi.org/10.30659/sanlar.3.4.1242-1251.

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The purpose of this research is to find out and analyze the implementation of mortgage rights electronically in the conception of legal certainty. To find out and analyze the effectiveness of the implementation of mortgage rights electronically. The method used by the researcher is Juridical Empirical (sociolegal research) and the specifications in this study are descriptive analytical. Based on the results of the study that Implementation of Electronic Mortgage Implementation in the Conception of Legal Certainty is that the Granting of Mortgage shall be registered at the Land Office no later

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Sundah, Fadhilah, and Jawade Hafidz. "IMPLEMENTASI KEKUATAN EKSEKUTORIAL TERHADAP HAK TANGGUNGAN DALAM RANGKA PENYELESAIAN KREDIT MACET BERDASARKAN AKTA YANG TELAH DIBUAT OLEH NOTARIS." Jurnal Akta 4, no. 2 (2017): 289. http://dx.doi.org/10.30659/akta.v4i2.1799.

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The mortgage right is one of the guarantee institutions in Indonesia that is often used in the provision of credit agreements whose arrangements are regulated in Law No. 4 of 1996 on Mortgage Rights. Against a non-performing loan, the mortgage holds stronger executorial strength compared to other guarantees in general. Registration of mortgages can only be done by the Land Acquisition Authority (PPAT) who has the authority as mandated by law with the establishment of a Deed of Assignment Rights (APHT) and registered by the relevant official to the National Land Agency (BPN) with the terms and

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Susilowati, Susilowati, and Gunarto Gunarto. "Legal Consequences Of Mortgage Right Imposition On Uncertified Land (Letter C) In Case The Grantor Is Passed Away." Jurnal Akta 5, no. 2 (2018): 427. http://dx.doi.org/10.30659/akta.v5i2.3098.

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The purpose of this study is to know the implementation of the uncertified land as mortgage right (Letter C) and how the effect occurs in case that the grantor is passed away. This research was done with normative juridical approach. Technique of collecting legal material used literature study, while technique of data analysis was done with descriptive qualitative. The author found that UUHT provides an opportunity for owners of uncertified land rights to pledge their land rights in mortgage rights. It is mentioned in Article 10 Paragraph (2) of UUHT stating that if the object of mortgage righ

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Khalisha Nabila Winanti and Noor Saptanti. "Perlindungan Hukum terhadap Kreditur dalam Pelaksanaan Pendaftaran Hak Tanggungan secara Elektronik." Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik 1, no. 2 (2024): 203–22. http://dx.doi.org/10.62383/demokrasi.v1i2.187.

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This research explains the procedure for implementing electronic mortgage registration and discusses legal protection for creditors in mortgage registration through SKMHT in the event of the principal's death. This normative legal research utilizes a prescriptive approach based on legislation, cases, and conceptual analysis Primary data sources include relevant laws and regulations related to mortgages, supplemented by interviews with Notaries and PPAT, as well as secondary legal materials such as books, legal research papers, and previous studies in the form of journals, theses, and dissertat

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Rizalni Kurniawan, Aan, Faisal Santiago, and Evita Isretno Israhadi. "Legal Consequences of Bankruptcy for Creditors Holding Mortgage Rights and Execution Parate." Jurnal Indonesia Sosial Sains 4, no. 06 (2023): 509–15. http://dx.doi.org/10.59141/jiss.v4i06.817.

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The right of the separatist creditor as the holder of the mortgage right is clearly regulated by Law Number 4 of 1996 concerning Mortgage Rights on Land and Objects Related to Land (henceforth referred to as UUHT) Article 20 paragraph (1). In particular, the effect of bankruptcy on mortgage rights appears with the existence of Article 56 paragraph (1) UUK which states that the execution right of a separatist creditor holding mortgage rights against mortgage rights that are in the control of creditors is suspended for a maximum period of 90 days (stay period). The rights of the mortgage holder

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Pavlova, I. YU, and U. S. Smirnova. "Certain Issues of the Practice of Applying the Rules on Mortgages under the Contract." Siberian Law Herald 2 (2021): 42–47. http://dx.doi.org/10.26516/2071-8136.2021.2.42.

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Some aspects of the application of norms in the field of mortgages by virtue of the contract are considered: the interpretation of paragraph 1 of Article 78 of the Federal Law «On Mortgage (Pledge of Real Estate)», the problem of eviction of citizens living with the mortgagor, the legal meaning of the purpose of the loan during foreclosure on property. The article analyzes the possibility of securing the debtor’s non-property obligations with a mortgage, the risks of the mortgagee when issuing a loan (credit) amount. It has been established that regulation of both targeted and non-targeted loa

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Murbarani, MM Thanisa Dita, I. Gusti Ayu Ketut Rachmi Handayani, and Yudho Taruno Muryanto. "Implementation of Electronic Limitation Right (HT-el) by Debtor According to the Regulation of the Minister of Agrarian Affairs and Spatial Plan or Head of National Land Agency Number 5 Year 2020 Concerning Liability Service Integrated by Electronic." IJRAEL: International Journal of Religion Education and Law 1, no. 2 (2022): 144–53. http://dx.doi.org/10.57235/ijrael.v1i2.141.

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Mortgage Rights are Guarantee Rights that can be imposed on land rights. Mortgage rights are used for binding collateral in the form of land with using the deed made by the Land Deed Making Official. Mortgage right Electronics, also known as HT- el , is the first electronic service that issued for interest and give convenience Public in meet the needs by applying for a loan from a financial institution namely banking. Roya is the deletion of mortgage rights in the book of land rights and the certificate. scribble Right Dependent which has end is something must. Problems arise when the implemen

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Noor, Afif, and Bagas Heradhyaksa. "EXECUTION MECHANISM OF MORTGAGE RIGHTS USING EXECUTORIAL TITLE IN SHARIA BANKING IS WHOSE AUTHORITY?" Diponegoro Law Review 5, no. 2 (2020): 245–59. http://dx.doi.org/10.14710/dilrev.5.2.2020.245-259.

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Mortgage Right is a guaranteed right to land that is attached to the debt process. The authority to execute the guarantee of Liability on Sharia banks is an important matter to be discussed in the study of business law or commercial law as an effort to return loans that have been given by creditors (sharia banks) to debtors (customers) on financing problems or breach of contract. The Guarantee of Mortgage will not have meaning if the guarantee cannot be executed. The significance of this study is to know the mechanism of request for execution of guarantee of mortgage rights at a sharia bank af

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Rovi, Felix, and Diah Aju Wisnuwardhani. "Legal Force of Certificate of Mortgage Rights Issued Upon the Existence of the Element of Onbeschikking Bevoeg of the Mortgage Grantor Over the Object of Mortgage Rights." EAS Journal of Humanities and Cultural Studies 7, no. 01 (2025): 20–26. https://doi.org/10.36349/easjhcs.2025.v07i01.003.

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The lack of authority of a party that does not have the right to place a mortgage on a creditor, which in the future results in a dispute, whether criminal or civil, has different legal consequences. So, it is appropriate to know the legal strength of proof of the mortgage right certificate in terms of the registration system in Indonesia and the legal consequences of issuing mortgage rights, which occur based on the mortgagor's lack of authority over the object of the mortgage right. The research uses normative research methods with analytical descriptive analysis techniques. The Mortgage Rig

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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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Nastiti, Althea Salza, Madeleine Evania Darmawan, Deny Irawan, and Nurmalita Fajar Arifah. "Pembebanan Hak Tanggungan pada Hak Guna Bangunan diatas Hak Milik." AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam 5, no. 1 (2023): 363–72. http://dx.doi.org/10.37680/almanhaj.v5i1.2385.

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Debt guarantees attached to building use rights above property rights are prone to problems, especially if there is default or there has been no repayment but the building use rights have expired. Based on that, this study aims to analyze the imposition of Mortgage Rights on land with building use rights on property rights and explain the legal protection for creditors as the holder of Mortgage Rights. The type of research that will be used is normative research. In this study will use a statutory approach or statute approach. The data collection technique used was literature study with prescr

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Vujović, Dragana. "ODSTUPANJA OD NAČELA AKCESORNOSTI HIPOTEKE U PRESTANKU." Glasnik prava 15, no. 1 (2024): 49–60. http://dx.doi.org/10.46793/gp.1501.49v.

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In this paper, author analyzes legal institutes (disposal of unwritten mortgages, priority order notation, new mortgage prenotation) that deviate from the principle of accessibility to the termination of the mortgage. In accordance with the regulations of the Mortgage Law, the owner of a real estate has the right to transfer the mortgage that was not erased from the real estate registry to the registered amount to a new or the same mortgage creditor for the purpose of securing other claims, with the evidence that the claim has ceased. The paper is specifically focused on the limitation of the

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Yunimar, Yunimar. "Implementation Of Development And Registration And Elimination Acceptances Of Rights Based On Law Number 4 Year 1996 Regarding Rights Of Responsibility." Jurnal Ilmiah Langue and Parole 1, no. 1 (2017): 228–37. http://dx.doi.org/10.36057/jilp.v1i1.24.

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Mortgage right are the security rights imposed on land rights. On April 9, 1996, Law Number 4 of 1996 was enacted on the Land and Property Rights related to the land, or more briefly referred to as UUHT (Law on Mortgage Rights). UUHT seeks to provide legal certainty and protection to all parties in utilizing the land as an object of Mortgage Rights. 

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Qomaruddin, Ahmad Rizal, Bambang Tri Bawono, Widayati Widayati, and Denny Suwondo. "Implementation Analysis of Changes in Building Use Rights for Residential Houses Encumbered with Mortgage into Ownership." Sultan Agung Notary Law Review 4, no. 1 (2022): 136. http://dx.doi.org/10.30659/sanlar.4.1.136-147.

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This study aims to analyze: 1) The implementation of the change in Building Use Rights on land for residential houses to become Ownership Rights that are encumbered with Mortgage Rights. 2) The legal consequences of changing the Right to Build on land for residential homes into Ownership Right which is encumbered with Mortgage Rights. This study uses an empirical juridical approach, namely an approach by reviewing the laws and regulations relating to the issues to be discussed, and also a field approach to obtain information as supporting material. The specification of this research is descrip

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Fauzi, Fahrul. "Review the Legal Subject Status of Buyers in Underhand Sales of Mortgage Objects." Jurnal Hukum Prasada 10, no. 2 (2023): 86–92. http://dx.doi.org/10.22225/jhp.10.2.2023.86-92.

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The Mortgage Law regulates three types of execution of mortgage rights, namely Title Executorial, Parate Execution, and Underhand Execution. In the underhand execution, it is important to pay attention to the buyer's legal subject of the mortgage's object. This article examines the buyer's legal subject of the mortgage's object in underhand sales in the framework of the execution of the mortgage. The buyer's legal subject is important, considering that the national land law stipulates that the status of the land determines the status of the subject who can own it. This study uses normative jur

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Noor, Aslan, Dewi Anita, Anandya Tasya Wijaya, and Ratna Sari Putri Adiwijaya. "Registration of Mortgage Rights that Exceed the Time Limit at the Agrarian and Spatial Planning Office/National Land Agency Based on Law Number 4 of 1996 in Tasikmalaya City." Journal of Law, Politic and Humanities 4, no. 6 (2024): 1872–84. https://doi.org/10.38035/jlph.v4i6.616.

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Mortgage is defined as a security right imposed on land rights. On 19 April 1996, Law Number 4 of 1996 on Mortgage Rights over land and objects related to land (UUHT) was enacted. This system is regulated in PMATR/KBPN Number 5 of 2020 concerning electronically integrated Mortgage Rights Services, which aims to provide certainty and legal protection in utilising land as an object of Mortgage Rights. This research examines how the registration of Mortgage Rights that exceeds the time limit at the ATR / BPN Office based on UUHT Number 4 of 1996 in Tasikmalaya City and what are the legal conseque

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Rianto, Fera Puspita, Toto Tohir Suriaatmadja, and Lina Jamilah. "Implementation of Mortgage Rights on the Position of Creditors of Second Mortgage Holders in the Application for Auction Submission." Journal La Sociale 5, no. 4 (2024): 1072–81. http://dx.doi.org/10.37899/journal-la-sociale.v5i4.1241.

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The binding of credit collateral with mortgage rights can be bound by several creditors with more than one mortgage. If the debtor is in default, only the creditor holding the first rank of mortgage rights can submit the auction, as stated in Law Number 4 of 1996 concerning Mortgage Rights. At the time of the debtor's default, the binding of the first-ranked mortgage has been released by the creditor of the first mortgage holder, the second mortgage holder applies for a mortgage auction and is rejected based on the law. The purpose of this research is to find regulations that provide justice t

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Daulay, Ade Liniarty, M. Citra Ramadhan, and Isnaini Isnaini. "Analisis Yuridis Dampak Pasca Pandemi Covid-19 Terhadap Lelang Eksekusi Hak Tanggungan Dari Perbankan Pada KPKNL Medan." Journal of Education, Humaniora and Social Sciences (JEHSS) 5, no. 4 (2023): 2982–92. http://dx.doi.org/10.34007/jehss.v5i4.1727.

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The purpose of this writing is to analyze the auction mechanism for executing mortgages from banks, the role of the KPKNL in carrying out the execution of mortgages and the obstacles faced by the KPKNL in carrying out the auction. The research method used is normative juridical. The research data comes from secondary data which comes from primary legal materials, secondary legal materials and tertiary legal materials which are then analyzed qualitatively. The results of the first study, that the execution auction of mortgage rights is carried out by creditors by submitting an application for e

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Melina, Dian. "Role of Land Asset Officers on The Installation of Certificate Liability Rights Who Died." Jurnal Akta 7, no. 4 (2020): 359. http://dx.doi.org/10.30659/akta.v7i4.12890.

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Mortgage is a security right that is imposed on land rights as referred to in Act No. 5 of 1960 concerning Basic Agrarian Principles, along with other objects which are an integral part of the land, for the settlement of certain debts, which provide positions that give priority to certain creditors over other creditors. There are still those who use the name of a certificate of ownership right who has passed away for the installation of mortgage. The purpose of this research is to find out the role of land deed maker officials in the installation of mortgages with the name of a certificate of

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Chariss Wong, Shervira, Nicholas Teo Pan, and Lucky Fernandez. "Tinjauan Yuridis atas Hak Tanggungan yang dilaksanakan secara Elektronik." El-Faqih : Jurnal Pemikiran dan Hukum Islam 9, no. 2 (2023): 199–217. http://dx.doi.org/10.58401/faqih.v9i2.986.

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Mortgage rights are collateral rights that encumber a land right to pay off certain debts, since the promulgation and enactment of Ministerial Regulation of ATR/Head of BPN No. 5 of 2020 concerning Electronically Integrated Mortgage Services. Mortgage services are carried out through a system called the HT-el system, where the HT-el system can speed up and simplify the implementation of the Mortgage. This article aims to add insight and provide information on how to arrange Mortgage, namely Electronic Mortgage which is carried out through the HT-el System. This article uses the Normative Jurid

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Anand R. "Redemption Under Mortgage." Asian Journal of Multidisciplinary Research & Review 03, no. 06 (2022): 169–84. http://dx.doi.org/10.55662/ajmrr.2022.3602.

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The mortgaged property is used as security for the loan payment. After the due date for the Mortgagee’s Money’s Repayment has elapsed, the mortgagor is entitled to receive his property back upon payment of the principal plus interest. This right of the mortgagor is known as the Right of Redemption. The right cannot be restricted by any terms that bar redemption. Any agreement to the contrary cannot govern the right. This right is mentioned u/s 60 of the Transfer of Property Act, 1882. The word ‘Redeem’ means buy back. Here, in this context it refers to buy back the property which was mortgaged

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Lubis, Citizen Amanamora, and Dyah Setyorini. "PROTES PIHAK KETIGA KEPADA KREDITUR PEMEGANG HAK TANGGUNGAN ATAS OBJEK HAK TANGGUNGAN (STUDI PUTUSAN NO. 58/Pdt.G/2019/PN.BTL)." Jurnal Hukum Nawasena Agraria 2, no. 2 (2025): 12–25. https://doi.org/10.25105/jhna.v2i2.22617.

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The imposition of mortgage rights must fulfill two stages if it is to be said to be valid. The problem formulation of this research is whether the imposition of mortgage rights in Decision Number 58/Pdt.G/2019/PN.BTL is a valid legal act. The type of research in this research is normative research type which is descriptive in nature. Secondary data used in this research was obtained from literature studies which were analyzed using qualitative methods. Drawing conclusions in this research uses an inductive method. Conclusion, because the sale and purchase carried out by Mardi Raharjo and Bamba

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Arifardhani, Yoyo, Jum Anggriani, and Silvia Dantyana. "Legal Protection for Creditors Due to Problem Credit with Collateral Rights Guarantee." Jurnal Smart Hukum (JSH) 3, no. 2 (2024): 118–36. http://dx.doi.org/10.55299/jsh.v3i2.1087.

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Legal consequences of the implementation of the Power of Attorney to Charge Mortgage Rights in the implementation of the Sale and Purchase Agreement by a Notary based on the main agreement, namely the Credit Agreement in Banking which is not followed by the making of a Deed of Granting Mortgage Rights and analyzing legal protection for creditors in credit agreements with the execution of mortgage guarantees if the debtor is in default for settlement due to problematic credit. Based on Article 8 of Law No. 10 of 1998 concerning Amendments to Law No. 7 of 1992 concerning Banking in providing cre

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Anggraeni, Lisa, Yunanto Yunanto, and Novira Maharani Sukma. "TINJAUAN PELAKSANAAN ROYA PARTIAL TERHADAP OBJEK HAK TANGGUNGAN." NOTARIUS 13, no. 2 (2020): 569–84. http://dx.doi.org/10.14710/nts.v13i2.31077.

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The mortgage right giver who has paid off his obligations to the mortgage right holder, then cancels the mortgage rights on the object of the mortgage right that is charged. Article 22 paragraph (1) of the Underwriting Right Act "after the mortgage has been written off, the land office has crossed out notes on land rights and certificates". While one of the characteristics inherent in mortgage rights is that the mortgage rights charged cannot be shared, but this provision can be distorted in Article 2 paragraph (2) of the Mortgage Rights Act and implementing regulations issued, namely Regulati

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S., Roy Hendrayanto, and Rokhim Abdul. "REFUSAL OF THE INHERITED TO THE TRANSFER OF INHERITANCE RIGHTS TO LAND CHARGED WITH GUARANTEE RIGHTS." GPH-International Journal of Social Science and Humanities Research 06, no. 04 (2023): 80–86. https://doi.org/10.5281/zenodo.7923565.

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The study aims to understand the juridical review of the transfer of inheritance rights to a land burdened with mortgage rights and the legal consequences of the heir's refusal to transfer inheritance rights to a land burdened with mortgage rights. This study is normative legal research (juridical) or literature law research. The results of the study show that : (1) the procedure for the transfer of rights over inherited Land which is being burdened with mortgage rights is carried out by recording them in the land book and certificate of mortgage rights in question and the land book and ce

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Nurnaningsih, Serly, and Amin Purnawan. "Protection Analysis Of Third Parties Of Principles Droit De Suite In Execution Of Rights Liability." Jurnal Akta 6, no. 2 (2019): 383. http://dx.doi.org/10.30659/akta.v6i2.5092.

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This study discusses the protection of third parties from the principle of droit de suite in the execution of Mortgage Rights, problems faced in the protection of third parties from the principle of droit de suite in the execution of Mortgage Rights and the solution.Protection of third parties from the principle of droit de suite in the execution of Underwriting Rights, among others, registration of Underwriting Rights to fulfill the principle of publication, announcement of auction sales in execution of Underwriting Rights and prohibition of auction of third party property. The problems faced

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Lindberg, Per T. "DEFEND MY CASTLE: IS THE UK IN VIOLATION OF ARTICLE 8 OF THE EUROPEAN CONVENTION OF HUMAN RIGHTS?" Denning Law Journal 22, no. 1 (2012): 1–34. http://dx.doi.org/10.5750/dlj.v22i1.352.

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Since the 1990s approximately 700 000 properties have been repossessed in the UK by mortgagees. While encouraging its citizens to access mortgage finance, the UK government has failed to provide corresponding legal protection and an effective regulatory framework to curtail unscrupulous lenders. What, if any, is the UK government’s responsibility in protecting its mortgagors from losing their homes? By utilising the relatively newfound doctrine of positive obligations, this article elaborates on the extent to which the UK may be held accountable under Art 8 of the European Convention of Human

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Putera, Alvin Rachman, Yuslim Yuslim, and Hengki Andora. "Standing of Mortgage Rights on Cultivation Rights That Have Been Determined as Deflanded Land in Solok District." International Journal of Multicultural and Multireligious Understanding 8, no. 4 (2021): 695. http://dx.doi.org/10.18415/ijmmu.v8i4.2614.

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Cultivation Right are rights to exploit land which is directly controlled by the state for agricultural, fishery or livestock companies for a period of time. One of the reasons for the removal of the cultivation right was because it was neglected. cultivation rights is one of the land rights that can be used as collateral for debt and encumbered with mortgage rights. The write-off of the mortgage rights because the write-off of land rights that are encumbered with a security right does not cause the guaranteed debt to be written off. In practice, the abolition of the cultivation right which is

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Rotan, V. G., and S. V. Ochkurenko. "THE LEGAL NATURE OF THE MORTGAGE (THE GUARANTEE) AND ITS DELIMITATIONS FROM THE ADJACENT CIVIL AND LAW PHENOMENON." Issues of Law 20, no. 4 (2020): 40–49. http://dx.doi.org/10.14529/pro-prava200406.

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In this article it substantiates the understanding of the sense of the mortgage (the guarantee) as the complex of the liability law. The absolute (of estate) law relationships apropos of the mortgage (the guarantee) have especially auxiliary significance. And this is why they cannot express the essence of the mortgage (the guarantee).There is an insolubility of the question on the character of the mortgage (the guarantee) in the science. It is caused by this: the discussion on the character of the mortgage (the guarantee) is implementing in principle out of touch of the standards of law, which

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., Yuhelson. "Existence of Dependent Rights Guarantee Binding Related to Financing of Musyarakah Facilities in Islamic Banking." Webology 19, no. 1 (2022): 1782–97. http://dx.doi.org/10.14704/web/v19i1/web19119.

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In the musyarakah financing contract, there is the imposition of mortgage rights, which will be auctioned if the customer does not pay the installments to the Islamic bank. However, the concept of musharakah itself does not recognize any mortgage rights, because musharakah adheres to the principle of profit sharing and losses being shared, with the imposition of mortgage rights on musharakah financing creates legal uncertainty for customers, because banks do not want to bear losses together with customers. From the results of the study it was concluded that, the implementation of the binding o

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Soraya, Disa. "LEGAL PROTECTION OF DISADVANTAGED DEBTOR CUSTOMERS IN THE IMPLEMENTATION OF OBJECT EXECUTION AUCTION PROCEDURES IN BANK CREDIT AGREEMENTS." Indonesia Private Law Review 2, no. 1 (2021): 37–48. http://dx.doi.org/10.25041/iplr.v2i1.2224.

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In the process of granting credit, it often happens that the creditor loses when the debtor defaults so that legal rules are required in the implementation of the imposition of the mortgage as stated in a credit agreement, which aims to provide legal certainty and protection for the parties concerned. So, it raises a lawsuit for the cancellation of the auction. Based on these problems, this research aims to answer problems regarding the auction implementation of mortgage rights against debtors who are negligent by the Bank, limits on the determination of the auction limit value for the object

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Palawa, Eventy Velly, and Hartini. "URGENSI PENDAFTARAN PERALIHAN PEMEGANG HAK TANGGUNGAN PASCA MERGER MENJADI BANK SYARIAH INDONESIA." Veritas et Justitia 9, no. 2 (2023): 429–55. https://doi.org/10.25123/vej.v9i2.7083.

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The merger of three Islamic state-owned enterprises into Bank Syariah Indonesia (BSI) has impacted the Mortgage Rights execution post-merger. This is partly due to the change in the name of the bank holding the Mortgage Rights before and after the merger. This study examines the obstacles in executing post-merger Mortgage Rights of three state-owned Islamic banks into BSI and the importance of registering the transfer of Mortgage Rights holders post-merger. This research is done with a normative juridical method through document and field studies at the BSI branch in Palangka Raya, which had e

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Chu, Huynh Van. "Mortgaging a Residential Construction Investment Project: Comparison of Vietnamese and Chinese Law." Journal of Law and Sustainable Development 11, no. 9 (2023): e875. http://dx.doi.org/10.55908/sdgs.v11i9.875.

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Objective: The primary objective of the analytical review was to conduct a comparative analysis of the residential construction investment project mortgaging laws in China and Vietnam. The aim was to examine the existing legal frameworks associated with residential mortgages in the two countries and the analysis of areas of similarity, differences, strengths, flaws and drawbacks. The research further evaluates how the mortgage rules protect borrowers and identifies the existing strengths and weaknesses and the systems, and provide the necessary recommendations. Methodology: The review adopted

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Aziz, Abdul, Wira Franciska, and Felicitas Sri Marniati. "KEPASTIAN HUKUM JAMINAN HAK TANGGUNGAN ATAS SERTIFIKAT HAK PAKAI DI ATAS HAK MILIK PERORANGAN TERKAIT PENOLAKAN PEMBIAYAAN OLEH PERBANKAN." SENTRI: Jurnal Riset Ilmiah 2, no. 12 (2023): 5062–71. http://dx.doi.org/10.55681/sentri.v2i12.1891.

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Seeing the increasing focus on the economic sector, it requires a guarantee rights institution that is able to provide legal certainty. In the UUHT, land rights can be made into mortgages, property rights, business use rights, building use rights and use rights over state land, while PP 18 of 2021 explains usufructuary rights can be used as collateral for mortgage rights. In the phenomenon that occurs, usufructuary rights over individual rights experience rejection by the banking system when they are used as collateral for mortgage rights. Based on these problems, the formulation of the proble

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Martina Nilamsari and I Made Wirya Darma. "Legality of the Position of Advocates as Reporting Parties in the Prevention and Eradication of Money Laundering Crimes." Journal of Law, Politic and Humanities 4, no. 6 (2024): 2086–96. https://doi.org/10.38035/jlph.v4i6.724.

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A mortgage aims to provide protection and legal certainty for stakeholders, one of which is the mortgage-holding creditor. However, in practice, this goal has not been fully realized, as existing mortgages can still be annulled by the court. Debtors must still be held accountable if the collateral bound by the mortgage is annulled by the court, such as for expenses already incurred by the creditors and for the loss of expected profits from the loan. Another effort creditors can make to reclaim their prioritized rights from the debtor is to require the debtor to replace the collateral annulled

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Suran Ningsih, Ayup, Rini Fidiyani, and Harumsari Puspa Wardhani. "Mortgage Rights for The Sharia Banking Murabahah Akad its Position and Application." Justicia Islamica 21, no. 2 (2024): 423–46. https://doi.org/10.21154/justicia.v21i2.9626.

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This research aims to explain the practice of mortgage rights in Islamic banking, the legal position of mortgage rights as a form of collateral in Islamic banking financing, the application/implementation of mortgage rights in Islamic banking financing, and explore whether mortgage rights as a form of collateral in Islamic banking financing have an equal position with credit in conventional banking. This research uses a sociolegal approach with secondary data sources, namely a review of primary legal texts, secondary legal literature, and non-legal sources. This research concludes that: 1) Mor

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Sinaga, Roulinta Yesvery, and Risqi Mumpuni Dyastuti. "Eksistensi Jaminan Hak Tanggungan Sebagai Jaminan Cross Collateral." KANJOLI Business Law Review 1, no. 1 (2023): 61–69. http://dx.doi.org/10.47268/kanjoli.v1i1.9949.

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The freedom to impose more than one mortgage as stated in Article 5 of the Mortgage Right Act is a gap in the misconception of guarantee execution. The existence of more than one debtor or more than one creditor but still on the same collateral motorcycle taxi requires a strict application of clauses in the agreement.The purpose of this study is to examine the existence of mortgage rights as cross-collateral guarantees. This research was carried out in a normative juridical manner, using library data as secondary data for the study of rules and norms in law. The conclusion obtained from this s

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Lan, Qi, and Jinbo Pang. "Risk Identification and Application of Farmland Management Right Mortgage Loan Based on Neural Network." Wireless Communications and Mobile Computing 2022 (May 4, 2022): 1–12. http://dx.doi.org/10.1155/2022/1941360.

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There are a series of problems in China, such as low farmers’ income, difficulty in financing for farmers, and relatively lag in rural financial reform. The mortgage financing of farmland management rights is one of the important ways to solve these thorny problems and promote economic development. From the perspective of farmers, combined with empirical analysis, this paper fully considers farmers’ ideas, carries out risk identification and risk assessment for the mortgage loan of farmland management rights, and continuously improves the relevant risk prevention mechanism to reduce the operat

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Rini, Tifani, Hasbir Paserangi, Oky Deviany, Maskun Maskun, and Ratnawati Ratnawati. "Maintaining Legal Certainty in Indonesia: The Role of Legal Instruments in Protecting Auction Buyer." Al-Ahkam 34, no. 2 (2024): 393–418. https://doi.org/10.21580/ahkam.2024.34.2.22531.

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The implementation of a mortgage auction carries a high potential for lawsuits to cancel the auction due to objections from the debtor. This study analyzes the rights of heirs over assets encumbered with a mortgage based on credit agreements, aiming to provide legal certainty for auction winners and protection for mortgage auction winners. The research is normative with a legislative and conceptual approach. The findings show that inherited property mortgaged by the deceased, the heirs must fulfill the obligations. If they refuse, the bank can auction the property. However, auction winners oft

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Asuan, Asuan. "SURAT KUASA MEMBEBANKAN HAK TANGGUNGAN DALAM PERJANJIAN KREDIT." Solusi 19, no. 1 (2021): 50–66. http://dx.doi.org/10.36546/solusi.v19i1.329.

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Power of Attorney Charging Mortgage Rights (SKMHT) the provision of credit / credit agreement (principal agreement) in a written agreement and the debtor with the creditor's approval, which guarantees the form of land rights and power of attorney to impose Mortgage Rights (SKMHT) and Deed of Granting Mortgage Rights (APHT) ). The power of attorney is special and authentic which must be made before a Notary or PPAT based on the provisions in Article 15 paragraph (1) of Law Number 4 of 1996 concerning Mortgage Rights. Barriers to the issuance of Power of Attorney to impose Mortgage Rights (SKMHT

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