为向违约债务人出售补贴住房贷款出具授权书的公证责任

Nur Imita Dachlan
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引用次数: 0

摘要

公证员就保障性住房贷款的约束力出具出售委托书,是其依据法律授权作出的真实契约,并以出证人的意愿为依据的合法行为。但在实践中,委托书(本例中为保障性住房贷款的债务人)出现违约时,债务人起诉公证契据予以撤销或撤销。本研究旨在识别和分析公证人在向违约债务人出售补贴住房贷款时的责任。本文采用的研究方法是一种规范的法律研究方法。本研究规范采用描述性分析。本研究使用的数据类型为原始数据,包括民法典;《2021年第17号》;印度尼西亚共和国国家土地局局长的离境信,以及载有书籍和其他证明文件的二手资料。通过访谈技术和文献或图书馆资料的研究收集研究数据。在对数据进行分析时所采用的数据分析方法是一种交互模型的定性分析。(2)公证员作为公职人员的责任,如果证明公证员在以补贴住房贷款出售房屋时出具委托书有罪,那么根据《公证员职务法》,该契据仅具有作为私人契据的证明权力。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The Notary Responsibility for Making A Power of Attorney to Sell on Subsidized Housing Loans to Debtors Who Default
The notary makes a power of attorney to sell on the binding of subsidized housing loans is a legal act that has been in accordance with the law on his authority to make an authentic deed and has been based on the wishes of the appearers. However, in practice, the power of attorney (in this case, the debtor of subsidized housing loans) when there is a default, the debtor sues the notary deed to be canceled or cancelled. This study aims to identify and analyze the responsibility of the Notary for making a power of attorney to sell on subsidized housing loans to debtors who default. The research approach method used in this thesis is a normative juridical legal research method. This research specification uses descriptive analysis. The type of data used in this research is primary data which includes the Civil Code; Permenkumham No. 17 of 2021; Letter of Exit from the Head of the National Land Agency of the Republic of Indonesia, as well as secondary data containing books and other supporting documents. Collecting research data with interview techniques and study of documents or library materials. The data analysis method used in analyzing the data is a qualitative analysis of the interactive model. The results of the study show that: (1) The authority of the Notary to make a power of attorney to sell on subsidized housing loans is appropriate based on the Exit Letter of the Head of the National Land Agency No. 4398/17.3-300/XI/2011. (2) The Notary's responsibility as a public official if proven guilty of making a power of attorney to sell a house on a subsidized housing loan, then based on the Law on Notary Position, the deed in question only has the power of proof as a private deed.
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