Proceedings of the Unima International Conference on Social Sciences and Humanities (UNICSSH 2022)

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Due to Legal Liability in Banking Credit

Authors
Feibe Engeline Pijoh1, *, Darmawan Edi Winoto1, Lesza Leonardo Lombok1
1Law Studies Program, Faculty of Social Science and Law, Manado State University, Manado, Indonesia
*Corresponding author. Email: feibepijoh@unima.ac.id
Corresponding Author
Feibe Engeline Pijoh
Available Online 17 January 2023.
DOI
10.2991/978-2-494069-35-0_209How to use a DOI?
Keywords
Legal Position; Trademark
Abstract

Credit is the most important part of the bank’s business activities, as an effort to provide a sense of security for each bank’s operational activities. In implementing bank lending, in addition to technical and financial analysis, legal protection must also be carried out, through strong collateral binding, including installing Mortgage Rights on the object of credit guarantees that the bank has realized. This paper raises the issue of the legal consequences of liability in banking credit using a normative research method. This approach is used in analyzing legal materials by referring to legal norms in laws and regulations, court decisions, and various kinds of literature related to the research object. The results of this study indicate that in a liability agreement, the number of subjects is considered, in this case, more than one creditor and/or debtor. In an active liability engagement, each creditor has the right to collect all obligations in the liability engagement from the debtor. The obligation to bear responsibility is to deliver the money that can naturally be divided. Then the debtor can fulfill the obligation simultaneously to each creditor until the total amount is equal to the debtor’s general obligations. The debtor has the right to be sued entirely by the creditor for all his receivables. Liabilities between debtors are meaningless if the nature of the object of the engagements allows for the distribution of the implementation.

Copyright
© 2023 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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Volume Title
Proceedings of the Unima International Conference on Social Sciences and Humanities (UNICSSH 2022)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
17 January 2023
ISBN
10.2991/978-2-494069-35-0_209
ISSN
2352-5398
DOI
10.2991/978-2-494069-35-0_209How to use a DOI?
Copyright
© 2023 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Cite this article

risenwbib
TY  - CONF
AU  - Feibe Engeline Pijoh
AU  - Darmawan Edi Winoto
AU  - Lesza Leonardo Lombok
PY  - 2023
DA  - 2023/01/17
TI  - Due to Legal Liability in Banking Credit
BT  - Proceedings of the Unima International Conference on Social Sciences and Humanities (UNICSSH 2022)
PB  - Atlantis Press
SP  - 1764
EP  - 1771
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-494069-35-0_209
DO  - 10.2991/978-2-494069-35-0_209
ID  - Pijoh2023
ER  -