基于债务确认契约的债务偿还中作为抵押品没收出售的权力

Tia Tasia Zein, Iman Jauhari, Siti Rahmah
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摘要

本研究的目的是根据债务确认契约确定在债务偿还中作为抵押没收的变卖权。债务确认契约是由公证人以 Gros Deed 的形式签订的契约,其中包含 irah-irah "For Justice Based on the One and Only God",这意味着它具有与法院判决相同的执行权。然而,在实践中,尽管在担保机构之外提供法律保护的一种形式是签订债务承认格罗斯契约,但在签订债务承认契约之后,还要作为一份新的契约准备出售委托书契约。因此,进一步研究为什么使用出售授权书作为《债务确认契约》下的债务偿还担保更为可取,以及如何对债务人违约提供法律保护和解决《出售授权书契约》引起的纠纷的形式,是很有意义的。本研究采用规范法律研究类型和定性方法。研究结果表明,当事人更愿意使用《出售授权书》,因为它不需要经过漫长的程序,不需要花费时间,也不会产生更多的费用。违约债务人获得的法律保护是获得出售抵押物的剩余收益和抵押物的售价,而售价不得低于抵押物应有的价值,如果债务人违约,债权人不得拥有抵押物。
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Power of Power To Sell as Collateral Confiscation In Debt Repayment Based on The Debt Recognition Deed
The purpose of this study is to determine the power of power to sell as collateral confiscation in debt repayment based on the debt recognition deedDeed of Debt Recognition is a deed made by a notary in the form of a Grosse Deed containing the irah-irah "For Justice Based on the One and Only God" which means it has the same executory power as the Court Decision. However, in practice the Deed of Debt Recognition is made followed by the preparation of the Deed of Power of Attorney to Sell as a new deed, even though one form of legal protection outside of the guarantee institution is the making of the Grosse Deed of Debt Recognition. Thus, it is interesting to study further why the use of the power to sell is used as a guarantee for debt repayment under the Deed of Debt Recognition is more desirable and how the form of legal protection for debtors defaults and settlement of disputes arising from the Deed of Power to Sell. This research uses normative legal research types and qualitative methods. The result of the study is that the parties prefer to use the Power of Attorney to Sell because it does not go through a long procedure, does not take time and does not incur more costs. The legal protection obtained by the defaulting debtor is to obtain the remaining proceeds from the sale of collateral and the selling price of the collateral which must not be below the value of the collateral that should be, and the creditor must not have a collateral object if the debtor defaults.
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