Author
Listed:
- Budi Her Utomo
(Faculty of Law, Brawijaya University)
- Suhariningsih
(Faculty of Law, Brawijaya University)
- Iwan Permadi
(Faculty of Law, Brawijaya University)
- Yuliati
(Faculty of Law, Brawijaya University)
Abstract
The legal vacuum regarding Passive Subjective Novation causes legal uncertainty and creates problems because there are no clear references in terms of understanding, implementing regulations, and standard operating procedures. The purpose of this research is to find out the right arrangement related to Passive Subjective Novation so that it can provide legal certainty and protection. This research is normative juridical research using an analytical approach and a conceptual approach as well as analysis techniques of grammatical interpretation, systematic interpretation and teleological interpretation to analyze primary, secondary and tertiary legal materials. The results of this study indicate that there are two ways of legal protection in the passive subjective Novation case, namely preventive and repressive legal protection. Preventive legal protection can be done by making a new statutory regulation or adding provisions to existing laws and regulations regarding passive subjective novation of credit agreements by using mortgage guarantees. Meanwhile, repressive legal protection can be carried out by giving sanctions to violators of the agreement that has been made related to passive subjective novation of credit agreements by using mortgage guarantees, namely in the form of compensation, fulfillment of achievements, and a combination of compensation and fulfillment of achievements Key Words:Passive Subjective Novation, Credit Agreement, Guarantees, debtor, Creditor.
Suggested Citation
Budi Her Utomo & Suhariningsih & Iwan Permadi & Yuliati, 2022.
"Passive subjective novation in credit arrangement: Legal assurance and protection capability,"
International Journal of Research in Business and Social Science (2147-4478), Center for the Strategic Studies in Business and Finance, vol. 11(3), pages 240-247, April.
Handle:
RePEc:rbs:ijbrss:v:11:y:2022:i:3:p:240-247
DOI: 10.20525/ijrbs.v11i3.1696
Download full text from publisher
Corrections
All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:rbs:ijbrss:v:11:y:2022:i:3:p:240-247. See general information about how to correct material in RePEc.
If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.
We have no bibliographic references for this item. You can help adding them by using this form .
If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.
For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Umit Hacioglu (email available below). General contact details of provider: https://edirc.repec.org/data/ssbffea.html .
Please note that corrections may take a couple of weeks to filter through
the various RePEc services.