debtor protection
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2022 ◽  
Vol 6 (1) ◽  
Author(s):  
Fitrian Welfiandi

Fiduciary guarantee is a guarantee right for movable objects both tangible and intangible and immovable, especially buildings that cannot be encumbered with mortgage rights that remain in the possession of the Fiduciary Giver, as collateral for certain repayments that give priority to Fiduciary Recipients over other creditors. After the Constitutional Court Decision Number 18 / PUU-XVII / 2019 resulted in changes to the provisions of Article 15 paragraph (2), Article 15 paragraph (3), and Elucidation of Article 15 paragraph (3) UUJF, specifically changes to the interpretation of breach of fiduciary violations and executions. This thesis will discuss issues regarding the execution of fiduciary security objects after the Constitutional Court ruling No. 18 / PUU-XVII / 2019 and how the legal protection of debtors for arbitrary creditors' actions.Keywords: execution, fiduciary, debtor protection.


2021 ◽  
Vol 5 (1) ◽  
pp. 93
Author(s):  
Widhi Handoko

The execution of the execution by separatist creditors without going through court adjudication as stipulated in Article 55 and Article 56 of Act No. 37 of 2004 is contrary to Pancasila justice. The method used in this research is a non-doctrinal method. Based on the data obtained, it can be seen that the implementation of bankruptcy executions as regulated in Article 55 and Article 56 of Act No. 37 of 2004 prioritizes the interests of separatist creditors, this is further complicated by the existence of a legal culture that shows that bankruptcy executions are guaranteed with mortgage rights. Without having to go through an amazing in court, the meaning of the debtor's insolvency should be an examination in court or through amazing regarding the debtor's ability to pay off his debt, not solely based on the analysis and views of the separatist creditors. This is implicitly based on Article 28D of the 1945 Constitution of the Republic of Indonesia and automatically contradicts the values of Pancasila social justice. This means that in the legal policy of bankruptcy execution, it must be able to create a balance of protection of rights between creditors and debtors, by the view of appreciation for human values or human rights awards in the form of equality before the law to be able to realize a just bankruptcy execution that can protect the interests of separatist creditors while protecting debtors from losses resulting from bankruptcy.


2021 ◽  
Vol 8 (1) ◽  
pp. 26
Author(s):  
Ratih Mega Puspasari ◽  
Muhammad Ngazis

In its development, economic needs and economic pressure cannot release every human being from his dependence on loan guarantee institutions. Fiduciary collateral institutions are not excluded, however, in its development, the installment payment process often fails, requiring that fiduciary collateral be executed to be taken by creditors, while the method of execution often uses debt collection services with a violent approach. The approach method used in this paper is an empirical juridical method where legal issues are analyzed from the normative and empirical aspects.


2020 ◽  
Vol 20 (1) ◽  
pp. 293-303
Author(s):  
Rafał Adamus

SummaryThe study discusses new legislative anti – crisis solutions adopted in Poland in connection with the COVID – 19 pandemic. The Polish legislator decided to introduce the so-called simplified restructuring procedure. This happened in the face of the expectations of both the jurisprudence of law and practice. On the one hand, the simplified restructuring procedure (the fifth independent type of restructuring procedure for an entrepreneur in Poland) allows for a quick, cheap and simplified conclusion of an arrangement with creditors outside the court, then approved by the court. On the other hand, the opening of such proceedings gives the debtor protection against enforcement at the creditor‘s request and against bankruptcy at the creditor‘s request. This procedure can be a testing ground for the concept of informalisation and acceleration of restructuring procedures.


Jurnal Akta ◽  
2020 ◽  
Vol 7 (1) ◽  
pp. 103
Author(s):  
Budisidhabhiprodjo Budisidhabhiprodjo

In its development the business world requires the provision of capital loan services. However, the development of the need for capital in the business world is not balanced with protection for debtors. The existence of Articles 55 and 56 of Act Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations, the position of debtor protection in the bankruptcy undertaken by a separatist creditor against the creditor becomes weak, this is due to the absence of legal remedies that can be done by the dbitur when bankruptcy has been declared effective against him. Therefore the issues that will be discussed in this journal are the legal protection system for debtors in bankruptcy politics, weaknesses in the legal protection system for debtors in bankruptcy political politics, and issues related to finding solutions through reforming the legal protection system for debtors in bankruptcy politics.The purpose of this research is to analyze the legal protection system for debtors in bankruptcy law politics; to analyze the weaknesses of the legal protection system for debtors in bankruptcy law politics; to find a solution through reforming the legal protection system for debtors in bankruptcy law politics.The research method  used in this paper is a normative juridical approach. As for the research that has been done, it can be concluded that the existence of Article 55 and Article 56 of Act Number 37 of 2004 concerning Bankruptcy and Delaying Obligations of Debt Payment has resulted in injustice to debtors in the implementation of bankruptcy against debtors committed by creditors; So it is necessary to reform the implementation of debtor protection in the implementation of bankruptcy to debtors by the creditor by implementing a system of debtor protection in the implementation of bankruptcy to debtors based on Pancasila. Keywords: Debtor; Justice Value; Legal Protection; Legal Politics; Bankruptcy.


2019 ◽  
Vol 62 (3) ◽  
pp. 521-549 ◽  
Author(s):  
Geraldo Cerqueiro ◽  
María Fabiana Penas ◽  
Robert Seamans
Keyword(s):  

2019 ◽  
Author(s):  
Yin Jin

The action of objecting to a claim that is being enforced (§ 767 ZPO) serves as preventive debtor protection. In German civil procedure law, the provision of this action dates back to the CPO 1877. However, a corresponding action is still lacking in Chinese civil procedure law. Only since 2015 has a debtor been able to assert his substantive objections by way of reminder and immediate complaint before enforcement agencies. However, this form of legal protection does not guarantee a correct decision. Furthermore, this preclusion (see § 767 (2) ZPO) in Chinese law extends to enforceable notarial documents that have no res judicata. In this study, the author therefore proposes implementing the German action of objecting to a claim that is being enforced into Chinese civil procedure law.


2019 ◽  
Author(s):  
Jovanka Gehrenbeck

The creation of § 1192, para. 1a of the Bürgerliches Gesetzbuch (Germany’s civil code) through the Risk Limitation Act (Risikobegrenzungsgesetz) has gradually improved the opportunities for material debtors to object to land charges. In contrast, the law relating to mortgages has remained unchanged with the result that it has in part lost its model character. This study first presents the similarities and differences between mortgages and land charges with regard to the justification of obtaining credit security and then focuses in detail on the opportunities to object to the use of in rem jurisdiction before and after the Risk Limitation Act came into effect. In doing so, the study explains the developments in case law in this regard and alternatives to the creation of § 1192, para. 1a of the Bürgerliches Gesetzbuch, and in conclusion addresses the question of improving debtor protection.


Author(s):  
Sindhu Venkata Reddy ◽  
Ashwini Arun ◽  
Simrann Venkkatesan

This chapter relates to the recent changes made to certain debt recovery laws enforced in India and the current parallel legal regime relating to debtor protection in U.S. and U.K. As per the statement of objects and reasons, these amendments are being proposed to facilitate the speedy disposal of cases by the debt recovery tribunals. This chapter analyzes the relevant international legal regime in place in U.S. and U.K. to suggest changes to the current Indian regime relating to debtor's rights, so as to better balance the interests of the debtors with the interests of the creditor. The authors request the Indian legislature to draw guidance and inspiration from the current regime of legal rights as available to the debtors in U.S. and U.K. and pass laws for preventing banks and financial institutions from exploiting debtors further.


2018 ◽  
Author(s):  
Geraldo Cerqueiro ◽  
María Fabiana Penas ◽  
Robert Seamans
Keyword(s):  

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