A file you to promises your home given that safeguards with the loan is named the newest
This is not you can easily to provide safeguards more an individual right that cannot getting transferred to another individual, for example a licenses.
Pledge
There can be however suspicion in relation to the newest enforceability from a promise more a bank checking account in Indonesia considering the following:
- Changing balance when you look at the a checking account.
- The reality that the brand new pledgor nonetheless controls the bank membership.
- Uncertainty in the if or not a checking account could be the target off a safety best lower than Indonesian law.
The fresh new ICC specifies you to definitely a beneficial pledgee cannot own new sworn possessions. The underlying principle is the fact a creditor may only have the continues of your own sworn object to repay the debt. On extent one to the terms when you look at the a guarantee savings account agreement provides a protection representative the authority to suitable or individual cash in brand new account, the new arrangements might be construed as the contradictory towards the exact meaning of Post 1154 of ICC. Within evaluate, the underlying assumption of the ICC stipulation is the fact that bound object enjoys an industry worth and therefore worthy of can only just end up being influenced by market. (więcej…)