Civil Law Lectures Notes

Course : Civil Law Lecture : Indah Credit Hours : 3 Credits Semester Sessions : 2 Semester, 2020/2021 Session Prepared By : Peggy LECTURE NOTES The lease right has the following characteristics: Limited term, Individual nature, No may be transferred without the permission of the lessor, cannot be used as collateral for debt, cannot be broken due to transfer of the leased object, can be released by the lessee Material rights that provide guarantees (zakelijk zakerheidsrecht) where the owner of the right do not have the right to enjoy, benefit, use and take the fruit of thing. Objects are stored and cared for in such a way as to serve as collateral for a debt. If the debtor defaults, the creditor is given the right to sell the object to collect repayment receivables. In the Civil Code regarding material rights that provide guarantees, namely a. Pandrecht, in article 1150 of the Civil Code, pandrecht (lienning rights) is a right that is obtained creditor for a movable object, given to him by the debtor or another person for the debtor as collateral for payment and entitles the creditor to receive more payment earlier than other creditors on the proceeds from the sale of collateral. From tha knowledge it turns out lien is just an addition or tail (accesoir in nature) of the main agreement, namely the agreement loan fund. The point is to keep the debtor from being negligent in paying back the money loans and interest. b. mortgage, formulated in article 1162 of the Civil Code which states that mortgage is a right property on immovable objects to take replacement thereof for payment an engagement. So it is clear that a mortgage is a material right that is a guarantee to creditors that their receivables will be paid off by the debtor on time as promised. if not, objects burdened with a mortgage can be sold at auction and the proceeds from the auction are used to pay receivables from creditors holding mortgages have priority over receivables from other creditors. It is regulated outside the Civil Code regarding material rights that provide guarantees, namely - UUHT 4/1996, Law no. 4 of 1996 concerning mortgage rights hereinafter referred to as UUHT states: Mortgage over land and objects related to land, hereinafter referred to as Mortgage Right, is a guarantee right that is imposed on land rights as referred to in Law Number 5 of 1960 concerning Basic Agrarian Regulations, whether or not this is followed along with other objects that are an integral part of the land, for the settlement of certain debts, which gives priority to certain creditors over other creditors.” The definition of mortgage rights as contained in article 1 point 1 of the Mortgage Law above, is very influenced by the principle of horizontal separation in land law based on the BAL. Separation principle This horizontal causes land rights to be separated from rights to objects on the land the. Thus, mortgage rights are collateral rights over land for the repayment of certain debts, which giving priority to certain creditors over other creditors - UUJF 42/1999, the term fiduciary guarantee has a different meaning from the term fiduciary. In Law no. 42 of 1999 concerning fiduciary guarantees (hereinafter written UUJF) stated, that fiduciary is the transfer of ownership rights of an object on the basis of trust with provisions that the object whose ownership rights are transferred remains in the control of the owner of the object. Meanwhile, fiduciary guarantees are guarantee rights over movable objects, both tangible and movable intangible and immovable objects especially buildings that cannot be encumbered with rights dependents as referred to in Law Number 4 of 1996 concerning Mortgage Rights which remains in the control of the Fiduciary Giver, as collateral for the settlement of certain debts which giving priority to Fiduciary Recipients over other creditors