Debtor's Efforts for Creditor Defaults in Money Lending Agreements
Journal: International Journal of Arts and Social Science (Vol.5, No. 8)Publication Date: 2022-08-30
Authors : Onesius Gaho;
Page : 06-135
Keywords : -Debtor Effort; Agreement; Default.;
Abstract
The debtor's efforts against the creditor's default in the loan agreement is the main point in the writing of this law. The purpose of the legal research is to find out the debtor's efforts to default on the creditor in the loan agreement and to find out the legal consequences of the creditor default in the loan agreement. The research method used in writing this law is normative legal research using qualitative analysis. An agreement that was born because of a mutual agreement lays down the rights and obligations between the parties and binds them to carry out the agreement. The parties have the same obligations and the same rights. A debtor has the right to get achievements and so does a creditor have the right to get achievements. However, the fact is that creditors often do not fulfil their obligations to excel but instead accuse the debtor of neglecting to excel. In addition, the provisions of creditor default and cancellation of the agreement are often not included in the deed of agreement. The results of research and data analysis that 1). The debtor's effort to default on the creditor in the land loan agreement is to use the principle of exceptionnon-adimpleticontracts, namely a rebuttal which states that the debtor does not carry out the agreement properly precisely because the creditor himself does not carry out the agreement properly. 2). The legal consequence of a loan agreement with a land certificate as collateral for a creditor default is that it can be cancelled where the cancellation must be requested by the court.
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