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| Mortgages objects , properties and Principles Mortgages |
Regions Mortgage - Many things concerning the mortgages include several things such as Mortgages objects , properties and Principles Mortgages and the following means :
1. Objects Mortgages
The objects do not move belongs to the debtor that can dihipotikkan namely :
a. Land and building
What is meant by collateral in the form of land and buildings is a guarantee on all the freehold land , the right to cultivate and use rights following buildings such as : building a house, factory building , warehouse , hotel buildings , building rentals and so forth.
What is meant by collateral in the form of land and buildings is a guarantee on all the freehold land , the right to cultivate and use rights following buildings such as : building a house, factory building , warehouse , hotel buildings , building rentals and so forth.
b. The marine vessel measuring 20 m3 gross tonnage and above
The basis of the provisions of that ship that measure at least 20 m3 gross tonnage and above may dihipotikkan is Article 314 paragraph 1 and Article 314 paragraph 3 of the Code of Commercial Law.
The basis of the provisions of that ship that measure at least 20 m3 gross tonnage and above may dihipotikkan is Article 314 paragraph 1 and Article 314 paragraph 3 of the Code of Commercial Law.
2. Properties Mortgages
The properties of mortgages are:
a. Mortgage is accessoir agreement , meaning that the mortgage agreement is an agreement that is in addition to the principal agreement and loan agreement to replace the ( credit ) , so the mortgage agreement that can not stand alone without the presence of the principal agreement .
b. Mortgages can not be divided , meaning that it will always be attached to mortgages as collateral until the debt is concerned entirely repaid by the debtor .
c. Mortgages are zaaksgevolg ( droit de suitei ) , meaning that the right mortgage will always be attached to the pledged object anywhere or on anyone object is located.
c. Mortgages have precedence over the nature of fulfillment of other receivables .
3. Principles Mortgages
In the book of Civil Law: Rights Guarantee Land bouquet Sri Soedewi Masjchoen Sofwan, describing the general principles of law that are important made in mortgages are:
a. Publiciteit principle, the principle that requires that mortgages must be registered in the public register, in order to be known by a third party / public. Section register is to the Land Registry. Are registered deed of the Mortgage.
b. Specialiteit principle, namely the principle which requires that mortgages can only be held on the objects of a specially appointed. Immovable objects which are bound as dependents.
For example: Objects that dihipotikkan what was tangible, where it is, how extent / magnitude, its borders.
For example: Objects that dihipotikkan what was tangible, where it is, how extent / magnitude, its borders.
c. The principle can not be divided (Ondeelbaarheid), this means that the mortgages that encumber the whole object / objects dihipotikkan in its entirety on every object and over any part of moving objects. With the payment of a portion of the debt does not reduce / abolish as of objects to be borne.
Source by : Mortgage Papers
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