COVID-19大流行期间债权人担保收益及信用重建工作

Putri Ayi
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引用次数: 0

摘要

担保开始于债务人的信用协议,随后债务人将担保标的移交给债权人,债权人为银行。关于银行的第10/1998号宪法第1条第2点规定,银行是一个商业实体,它以存款的形式从公民那里筹集资金,并以信贷和/或其他形式向公众提供资金,以改善许多人的生活。银行在经济中具有重要的作用,因为它的功能之一是向公民提供信贷和帮助中小微企业。这一特定信贷必须附有债务人提供的抵押品或担保条款,因为这是银行提供的预防性本金之一,也是在债务人违约时保护债权人的努力。对整个社会生活产生深远影响的新冠肺炎疫情也受到了信用和担保问题的影响。担保协议是主要协议或主要协议之后的附带协议(后续或伴随协议),在主要协议或主要协议之前是信贷协议(债务协议),包括如果出现不良信用该怎么办以及银行应该采取哪些努力以使其不会遭受更大的损失。因此,笔者非常有兴趣了解在新冠肺炎疫情期间,抵押对象对债权人的利益程度以及信贷重组的努力。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Guarantee Benefit for Creditor and Credit Reconstruction Effort during COVID-19 Pandemic
Guarantee begins with the debtor credit agreement that followed with the handover of the object guarantee by debtor to creditor, where the creditors are banks. If referred in the regulation article 1 point 2 of Constitution No. 10/1998 concerning on banking stated that bank is a business entity that raised fund from citizen in the form of deposits and channeling them to the public in the form of credit and/or in other forms in order to improve the lives of many people. Bank has the important role in economic, because one of its function is giving the credit to citizen and helping the micro, small and medium enterprises. This given credit must be accompanied by collateral or collateral provisions from the debtor because it was one of the precautionary principal from Bank, and also with the efforts to protect the creditor at any time the debtor defaults. The covid-19 pandemic outbreak that had a profound impact on the entire life of society was also influence d the problem of credit and guarantee. The collateral agreement which is an accessoire agreement (follow-up or accompanying) follows the main or principal agreement, that is preceded by a credit agreement (debt agreement), including on what if there is bad credit and what efforts should be done by the Bank so that it does not experience even greater losses. For this reason, the writer is very interested, to find out the extent of the benefits of the collateral object for creditors as well as credit restructuring efforts during the Covid-19 pandemic.
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