Parate Execution of Mortgage Right of Non-Agreement in the Deed of Mortgage

DOI

10.2991/assehr.k.211203.047How to use a DOI?

Keywords

Mortgage Deed; Parate Execution

Abstract

Mortgage holder has the authority to sell the mortgage object through the auction on their power, even there was no prior agreement outlined in the mortgage deed. The authority to sell the mortgage object on is one of the manifestations and priorities position that the holder of the security authority has. There is include the promise of appointment in the mortgage deed, like the promise that the holders of the mortgage have the authority to sell on his power the object in the Mortgage if the debtor default from the public auction without requiring the approval of the guarantor of the mortgage and takes the payment of the receivables from the proceeds of the sale of the other creditors. This condition shows that there is inconsistency in Parate execution’s arrangement in the provision of guarantees with mortgages. This inconsistency can decrese and also distort the legal aspect of certainty as the core element of the law. So, there will be legal uncertainty. There are legal issues to be studied: the legal position of the undertakings of Parate execution of mortgage rights in mortgage deed and the legal force of Parate in executing mortgage rights that are not agreed upon in mortgage deed. The legal position of the undertakings of Parate execution of mortgage rights in mortgage deed will give the sense of psychological security for the parties since the legal power of the Parate execution of mortgage right is born from the favorable of legal provisions regulating the security rights that must not be agreed upon in mortgage deed.

Copyright

© 2021 The Authors. Published by Atlantis Press SARL.

Open Access

This is an open access article under the CC BY-NC license.

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TY  - CONF
AU  - I Nyoman Sumardika
AU  - Ni Komang Arini Styawati
AU  - Ni Komang Arini Styawati
PY  - 2021
DA  - 2021/12/03
TI  - Parate Execution of Mortgage Right of Non-Agreement in the Deed of Mortgage
BT  - Proceedings of the 2nd International Conference on Business Law and Local Wisdom in Tourism (ICBLT 2021)
PB  - Atlantis Press
SP  - 211
EP  - 213
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.211203.047
DO  - 10.2991/assehr.k.211203.047
ID  - Sumardika2021
ER  -