Pledge Agreement on a Pledge Business

Iin Sri Hartini, Ahmadi Miru, Abdullah Marlang, Mustafa Bola

Abstract


Pledge is one of the non-bank financial institutions that lend money / credit to its customers based on the law of pledge. The lend money/credit is preceded by the credit agreement between the creditor and the debtor in terms of lending and borrowing money which is then followed by the submission of a moving object as a guarantee of repayment. In principle the goods (pledge) can be used to secure any obligations of certain achievements. It means that the agreement of pledge will only exist if there is a principal agreement that had previously existed.  The principal agreement is an agreement that raises the legal relationships of repayment-payable that are guaranteed to material moving, both tangible and intangible. The purpose of pledge is to provide legal certainty for creditors by guaranteeing repayment of its receivables from pledged objects, if the debtor defaults. Although the basic pledge is trust, but still made the loan agreement as the principal agreement. In the loan agreement with guaranteed pledge, there are two parties in the agreement: (1) parties (creditors) who receive pledge, and (2) the debtors who guarantee pledge. Furthermore, its assessoir agreement is the pledge agreement itself.

Keywords: Pledge agreement, pledge business.


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ISSN (Paper)2224-3240 ISSN (Online)2224-3259

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