Law Of Moving Object Assurance Contract In Consumer Financial In Indonesia

C. Bahar
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Abstract

Aabstract:The grant of financial from financial institution is basically similar to credit grant by bank, in consumer financial institution, assurance is necessary to assure that the debtor is able to fulfill his obligation according to the financial contract signed by the parties. Beside trust assurance, in financial contract, material assurance contract is also done in moving object in fiduciary contract. It is regulated in Fiduciary Act, as moving object assurance contract institution on the basis of trust, with the provision that the object which ownership is to be transferred, will still under the authority of the owner or debtor. The certificate of fiduciary is made in Indonesian in front of Notary, and in order to use publicity principle for the creditor as the fiduciary receiver then Fiduciary certificate must be registered in Fiduciary Registration office so that the fiduciary has executorial power, similar to the verdict with its legal power. Financial institution as creditor on its own authority can execute the assurance object of the consumer/debtor for paying the debt if there is some failure in fulfilling the contract from the debtor side. Fiduciary contract provides the owner with a preliminary right or preferential right. It is a fiduciary right receiver to take the payment of the debt on execution of the fiduciary object. This right will not be lost by bankruptcy or liquidation of the debtor.
印度尼西亚消费金融中的移动物担保合同法
摘要:金融机构的金融授信与银行授信基本相似,在消费金融机构中,为了保证债务人能够按照当事人签订的金融合同履行义务,需要进行担保。除了信托担保外,在金融合同中,在信义合同中也做实物担保合同。《信托法》规定,作为建立在信托基础上的移动物担保合同机构,其所有权转移的对象仍处于所有权人或债务人的管辖之下。信托书是在公证人面前用印尼语制作的,为了使债权人作为受托人使用公示原则,信托书必须在信义登记机关登记,使信托人具有执行权,类似于具有法定权力的裁决书。金融机构作为债权人,在债务人未能履行合同的情况下,可以自行执行消费者/债务人履行债务的保证对象。信义合同为所有人提供了一种优先权利或优先权利。信义权利受领人在信义对象履行时接受债务的清偿。此项权利不因债务人破产或清算而丧失。
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