Legal Protection For Creditors And Guarantee (Personal Guarantee) In Provision Of Banking Credit

Weldiana, Sri (2018) Legal Protection For Creditors And Guarantee (Personal Guarantee) In Provision Of Banking Credit. Undergraduate thesis, Untag 1945 Surabaya.

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Abstract

In credit agreements between creditors and debtors there are some problems related to the constraints faced by debtors in fulfilling their obligations to pay the debt. The resolution of credit problems can be pursued through bankruptcy proceedings. In some cases, the personal guarantee position which initially becomes only a third party will guarantee and pay the debtor's debts that are negligent in paying off its debts, its position can be transformed into such a major debtor that can be prosecuted accountability by creditors directly. The formulation of this research is how the legal protection for the creditor and Personal Guarantee in the agreement of giving individual guarantee and how the execution of personal guarantee guarantee in the credit agreement with underwriting guarantee. The method used in this study is the normative juridical done by reviewing various rules of law that are formal. The authors of the study that the guarantor (personal guarantee) is obliged to provide accountability to creditors if the main debtor can not fulfill its obligations and declared bankrupt, in accordance with the contents of the guarantee agreement that has been agreed by the creditors and the guarantor. The insurer who has paid, replaces by law the right of the debtor to the debtor. In this case the personal guarantee can be identified with the principal agreement so that the process of accountability will be passed the same as the debtor's accountability process.

Item Type: Thesis (Undergraduate)
Uncontrolled Keywords: Legal Protection, Guarantor, Individual Guarantor, Execution
Subjects: K Law > K Law (General)
Divisions: Fakultas Hukum > Program Studi Ilmu Hukum
Depositing User: Didik Ahmad
Date Deposited: 14 Jan 2022 01:55
Last Modified: 14 Jan 2022 01:55
URI: http://repository.untag-sby.ac.id/id/eprint/13569

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