1. Pawn:
Definition one.1:
rights obtained by creditors on an item that moves given to him by the debtor or another person on his behalf to ensure a debt. additionally, authorizes the creditor to get reimbursement of such articles terebih advance of alternative creditors, except price|the value|the price} to auction off product and therefore the cost to keep up it and therefore the prices that has to take precedence.
1.2 Properties of the lien:
1. Lien is for moving objects each tangible and intangible.
2. Lien is accesoir that means of the agreement are additionally to the principal to stay the debtor was negligent to not pay the debt back.
3. The existence of fabric properties.
4. Terms inbezieztelling, it means that pawning things should be out of power to convey a pledge, lien or alternative lien transferred from the donor to the lien holder.
5. the correct to sell on power alone.
6. Right of preference in accordance with article 1130 and article 1150 of the Criminal Code
7. Liens can't be divided means that some liens won't be removed with paid partly by mortgage debt so remains connected over the total issue.
1.3 Object pledge:
All objects move and essentially are often pawned, each moving objects tangible and intangible within the type of varied rights to get payment of cash, specifically tangible debentures to bearer, at sight, and on coma.
1.4 Rights of lien holder:
1. Entitled to sell mortgaged objects of its own power
2. Entitled to compensation within the type of the price of bailing out mortgage objects.
3. the correct to carry things till there's redemption hutangdari lien debtor.
4. Entitled to own a reference.
5. Entitled to sell the mortgage to the intermediary objects judges
6. The permission of the decide fastened mortgage master objects.
1.5 Liability pawnee:
1. Paragraph one of Article 1157 of the Criminal Code civil lien holder is liable for the loss of the pawned product costs that occurred over negligence.
2. Penal Code Article 1156, paragraph two is obliged to notify suppliers if the products mortgage lien sale.
3. Paragraph one of Article 1159 of the Criminal Code beranggung liable for the sale of products pawnshop.
4. Kewaijban pledge to revive the article if borrowers pay off their debts.
5. Fiduciary obligation to auction things.
1.6 abolishment of lien:
1. Agreement subject
2. Loss of pawning things
3. Execution
4. Lien holder has voluntarily releasing liens
5. Mortgage holders have lost power over the article lien
6. Abuse bodies pledge.
2. Mortgages
Definition two.1:
The right material for the article doesn't move to require the flip from it for a perutangan perlunasan.
2.2 Nature of mortgages:
1. Is accesoir
2. Is zaaksgefolg
3. Precedence over the fulfillment of alternative receivables relies on paragraph two of the Criminal Code section 1133-1134
4. Its object the objects stay
2.3 Objects mortgages
1. below article 509 of the Criminal Code, Article 314, paragraph four industrial code, and Law no. twelve year 1992 on shipping.
2. Law range fifteen year 1992 on the flight.
2.4 variations liens and mortgages:
1. Lien should be amid an announcement of power over the mortgaged product, whereas the mortgage isn't.
2 Pledged clear if the pawned product modified hands to a different person, whereas the mortgage isn't, however follow the article whereas the article TEAP transferable to a different person.
3. One item is rarely loaded quite one lien, though not prohibited, however some mortgages are jointly charged on high of 1 object is already a normal circumstances.
4. The existence of liens are often proved by all styles of proof which will be used to prove the fundamental agreement whereas the agreement is evidenced by an authentic deed mortgages.
3. Fiduciary
Definition three.1:
Letter of agreement between debtor and creditor accessors whose content delivery of property rights in trust for the debtor's movable assets to creditors.
3.2 Fiduciary Warranty:
1. consistent with Law no. forty two in 1999 1angka article 1:
The transfer of trust with a provision that the correct diahlikan possession and management stay with the owner of the article.
2. Article one paragraph two UUJF:
The right coverage for moving objects each tangible and intangible and doesn't move significantly buildings which will not be burdened with mortgages that stay on top of things of fiduciary giver as collateral for bound uatang perlunasan, which provides most well-liked standing to the giver of fiduciary against alternative creditors.
3.3 variations with Fiduciary Fiduciary Warranty:
Fiduciary could be a method of transfer of possession rights whereas jamian fiduciary could be a guarantee given within the type of fiduciary.
3.4 Object Fiduciary Warranty:
The object of all one thing that would have shifted each the registered and unregistered moving or not moving which can't be burdened with mortgage or mortgages.
3.5 voidance of warranty Fiduciary:
1. abolishment of debt secured by the fiduciary
2. waiver of the debtor's fiduciary
3. destruction of objects that become the article of fiduciary
4. Konkorndansi:
1. a good basis for finding out the words
2. User guide for menemulan the verses within the Bible
3. Index, list, alphabetical headword of a book or work of a author closest context.
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