Beberapa Permasalahan Hukum : Hak Jaminan  

Oleh:

Darus, Mariam

Jenis: Article from Journal - ilmiah nasional - tidak terakreditasi DIKTI
Dalam koleksi: Jurnal Hukum Bisnis vol. 11 (2000), page 11-15.
Topik: JAMINAN; masalah hukum; hak jaminan

Ketersediaan

Perpustakaan Pusat (Semanggi) Nomor Panggil: JJ102.1 Non-tandon: 1 (dapat dipinjam: 0) Tandon: tidak ada

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Isi artikel

Security is a guarantee given by a debtor or third party to the creditor guaranteeing his liability in a contract. This security institutions is given in the interest of the creditor to guarantee his funds by means of a special contract, the characteristics of which are accessory (accessoir) to the main agreement (loan agreement or funding) between the debtor and the creditor. The security is devided into two classifications. First, the personal guarantee (borgtocht) is a security concerning a statement on a performance given by a third party to guarantee the fulfilment of the debtor's liability towards the creditor in the event that the debtor is question fails to performs (wanprestasi). Second, security right in rem (zakelijke zekerheid) is security, which partially consists of the debtor or third party's wealth offered in a division procedure guaranteeing the fulfiment of said debtor's liability, in relation with his non - performance. The reforms on security law should be focused on reforms of on the system of security rights law as its principal law. With reforms towards the important basics of ownership of said goods, our framework of thoughts therefore will be formed by means of a system mutually agreed upon. Said system, the codification of national law, which is partially implemented.

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