Aspek Hukum Jaminan Kebendaan dan Perorangan  

Oleh:

Hasan, Djuhaendah

Jenis: Article from Journal - ilmiah nasional - tidak terakreditasi DIKTI
Dalam koleksi: Jurnal Hukum Bisnis vol. 11 (2000), page 16-19.
Topik: JAMINAN; hukum jaminan; kebendaan; perorangan

Ketersediaan

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

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Isi artikel

The security agreement is an agreement, arising due to the presence of a main agreement, which causes its characteristics accessory (accessoir), made in the interest of the main agreement, resulting that both its occurence and its cancelation would depend on the main agreement. For this aspect the security agreement often made, particulalry security rights and personal guarantees, is to secure the main agreement (e. g. debt, loan and chartering and similar agreements). Security rights and personal guarantee arise oout of an agreement with the objective to obtail legal assurance for the creditor on a debt settlement or on the settlement of a certain performance promised by the debtor or third party. In a legal and concrete point of view the security functions to cover the debt. Within security rights, the object of the security is solely allocated as a preventive effort in case non - performance would occur at any time. ownership of secured objects does not alter in favor of the creditor due tot he occurence of said security. Whereas a personal guarantee arises between the creditor and third parties. The personal guarantee agreement constitutes relative rights (hak relatif), which are rights to be maintained only towards certain persons in relation with the agreement. In the personal guarantee agreement, the third party would act as guarantor for the settlement of the debtor's liability, meaning that the personal guarantee agreement is a promise or third party's performance to settle the debtor's liailities, in the event that the debtor fails to perform (wanprestasi). There will be no specific object in the case of a personal guarantee.

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