法律保障解决与开发商相关的土地所有者证书相关的破产

IF 0.4 Q4 BUSINESS, FINANCE
Fernedy Fernedy, Y. Yuhelson, Cicilia Julyani Tondy
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引用次数: 0

摘要

对于许多社区来说,房地产和住房仍然是一个长期存在的问题。在土地所有权领域仍然存在适用法律的问题,这些问题经常导致争端和冲突。这种研究是一种规范的、理论的或教条式的法律研究。研究发现,在PPAT全额付款并签订买卖契约的买方/消费者需要从两个不同的角度:开发商和法院的角度来看待开发商未能解决证书问题的法律后果。在等待管理员作为负责任的开发商对已被宣布破产的开发商进行证书分割过程中,对于尚未完成从开发商处购买的房屋付款且只有PPJB的消费者,买家可以在土地办公室申请名称转让过程。未被宣告破产的开发商处理的房屋的消费者或买方,可以申请作为共同债权人,由管理人处理,并从由管理人代表的开发商处获得全额补偿,或继续管理该房屋。购房者或消费者的最大利益。由于房屋尚未完全还清,房屋的消费者/买家也必须履行他们的承诺,付清剩余的按揭分期付款。其他未履行的承诺包括完成开发商购买房屋的首付款。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Kepastian Hukum Atas Pemecahan Sertifikat Induk Tanah Terkait Developer Perumahan Yang Dinyatakan Pailit
Real estate and housing remain persistent issues for many neighborhoods. There are still issues with the application of law in the realm of land ownership, and these issues frequently lead to disputes and conflicts. This study is a form of normative, doctrinal, or dogmatic legal inquiry. The study found that the buyer/consumer who has paid in full and made a deed of sale and purchase at the PPAT needs to look at the legal repercussions of the developer's failure to solve the certificate from two different angles: the developer's and the court's. While waiting for the certificate split process carried out by the curator as the responsible developer for the developer who has been declared bankrupt, and for consumers who have not yet completed payment on the house purchased from the developer, and only have PPJB, buyers can apply for a name transfer process at the land office. The consumer or buyer of the house whose solution has not been taken care of by the developer who is declared bankrupt can apply as a concurrent creditor so that the curator takes care of it and receives full compensation from the developer as represented by the curator or continues to manage the house. the homebuyer's or consumer's best interests. Since the house has not yet been completely paid off, the consumer/buyer of the house must also fulfill their commitments to pay off the remaining mortgage installments. Additional unfulfilled commitments include finishing the down payment on the developer-purchased home.
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