授予抵押权的契约中是否有必要包含承诺?

Mada Apriandi Zuhir, Annalisa Yahanan, Murzal Murzal
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引用次数: 0

摘要

为了确保债务人获得资金,债权人和债务人之间的贷款协议通常包括担保协议。土地抵押是最受欢迎的一种抵押形式。本研究旨在分析与贷款协议和授予抵押权契约中包含的承诺(条款)有关的已移交给债务人的资金担保。本规范性研究采用法定、概念和解释方法。本研究审查了几份契约,以搜索和分析担保协议中的承诺(条款)。研究结果表明,贷款协议中包含提供抵押物的承诺,抵押物将附有抵押权,以保证债务人获得信贷,作为偿还信贷贷款的担保。因此,作为一种审慎原则,贷款协议包含了各方的权利和义务。此外,授予抵押权的契约也需要包含承诺(条款),以体现与所提供担保有关的条件。根据其规定(《抵押权法》),这些承诺是可以选择(而不是必须)纳入抵押权授予契约中的。然而,在实践中,这些承诺总是应债权人的要求写入契约中,目的是为债权人提供一种自我保护。不过,《抵押权法》也为债务人提供了一种平衡的保护,即禁止包含债务人违约时债权人可以立即拥有抵押权标的物的承诺。如果包含此类承诺,则抵押权授予契约无效。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Is It Necessary to Include Promise in a Deed of Granting of Mortgage Rights?
To secure the funds that have been granted to the debtor, in loan agreement between creditor and debtor, a guarantee agreement is usually included. One form of collaterals that is most in demand is land collateral. This research aims to analyze funds security that has been handed over to debtors in connection with loan agreement and promises (clauses) inclusion in a Deed of Granting of Mortgage Rights. This normative research uses statutory, conceptual and interpretive approaches. This study examines several deeds to search and analyze the promises (clauses) in the guarantee agreement. The result shows that the loan agreement includes a promise to provide collateral that will be attached with mortgage rights, to secure the credit that has been given to the debtor as security for repayment of credit loan. Therefore, the loan agreement contains rights and obligations of parties as a form of prudential principles. Furthermore, a Deed of granting of mortgage rights considerably needs to include promises (clauses) as a manifestation of conditions related to the guarantee provided. In its regulation (Mortgage Rights Law), these promises are optional (not mandatory) being included in a Deed of granting of mortgage rights. However, in practice these promises are always included in a deed at the creditor’s request, with the aim being a kind of self-protection to creditor. However, Mortgage Rights Law also provides a balance of protection to debtors, namely promises that are prohibited from being included that creditors can immediately own the object of mortgage rights when the debtor defaults. If such promise is included, then the Deed of Granting of Mortgage Rights is null and void.
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