According to a defined rights Mortgage Vollmar material over moving objects does not intend to give the people who are eligible (Mortgage holders) something in favor of an object, but it means the sheer guarantee for repayment of a debt with more buy in. Understanding the mortgage itself under article 1162 that Mortgages are a material right over benda2 immobile, to pick up a replacement from him for repayment of an Alliance.
As for the guarantee institutions are applicable in indonesia are as follows:
Mortgage Article 1162 s/d Section 1232 BW
Pawn Article 1150 s/d Article 1161 BW
Dependent Rights Act No. 4 of 1996
Fiduciary relationships Act No. 42 of 1999
The following Mortgage For naval ships
The sense of a ship mortgage
There are 2 words that are listed in the terms of the mortgage and mortgage Wordship. Each has a different conception of one another.
Understanding the ship Against article 49 of LAW No. 21 of 1992 about Cruise Ships
"Water Vehicles with any type of form and that is driven by mechanical power, wind power or on delay, including vehicle Dynamic support, powerful Vehicle below sea level as well as buoyant and floating buildings that are not moving"
Core Defini above is, that the ship was a Vehicle with Any Type and Form.
Ship mortgage is "material Rights over ships entered or registered (usually with the contents of impurities above 20 M3) granted by deed an authentic, in order to guarantee the debt Bill"
Elements Of Naval Ships
1. The existence of the right Material
2. The object is a Ship which weighs above 20 M3
3. The Vessel must be accounted for in the
4. Provided with certificate of authentic
5. Ensure the Debt Bill
Basic Mortgage Hujum Ship
Article 1162 1232 s/d of the CRIMINAL CODE of civil
a. General provisions (PS 1162 1178 s/d of the CRIMINAL CODE Civil)
b. registration of the mortgage and the form of registration Article 1179 until 1194CRIMINAL CODE Article Per.
c. Pencoretan Registration chapter 1105 s/d 1197 Civil PENAL CODE.
d. Consequences of the mortgage against a 3rd party to which goods are burdenedArticle 1198 s/d 1208 Civil PENAL CODE.
e. Hapusnya of the mortgage article 1209 s/d 1220 Civil PENAL CODE.
Officers assigned to keep the mortgage, their responsibilities and the things he knew the list-a list by the Community (article 1221 s/d 1232 Civil PENAL CODE article. The object of a ship Mortgage Article 1164 Civil PENAL CODE A ship that size is 20 M3, whereas under the fiduciary provisions apply 20 M3
The Subject Of Ship Mortgage
1. The giver of the mortgage (Hipotheekgever)
2. The recipient of the mortgage (Hipotheekbank, Hipotheehouder, or Hipotheeknemer) that people who borrow money.
The procedure and terms of the imposition of a mortgage
1. The ship is already in the list
2. Done with making mortgage deed in the place where the ship was originally on the list.
Things that should be considered in the implementation of a ship Mortgage.
1. a Ship encumbered Mortgage should be clearly stipulated in the mortgage deed
2. Agreement between the creditor with the debtor indicated by credit agreement(which is a requirement of making the mortgage deed)
3. The value of the credit, which is the overall value received upon goods warranted(e.g. ships)
4. The value of the mortgage on the value of specialized vessels (at the Bank are performed by Appresor)
5. Installation of the mortgage in accordance with the value of the ship and can be done with what currencies according to applicable legislation.
The procedure and terms in the imposition of a mortgage
petition is applying for registration to officials and dignitaries behind the name lists the value of the mortgage is to be fitted.
Installing A Power Of Attorney Deed Mortgage
Power of Attorney made upfront and or before a notary public, a power of Attorney is made between the owner of the Ship with the person being appointed to it.
The Contents Of The Power Of Attorney
Boat owners provide authority to the person who is appointed to take care of his interests.
The interests of the owner of the ship is a ship mortgage imposition of order.
Grose Deed Registration or reverse Name
The competent authority to issue a certificate of registration and record-keeping behind the name i.e. Harbour.
The purpose of the ships in the list are
1. for acquiring a nationality sign ship (STKK). With the STKK then the ship can sail with the kebangsaanya flag, the flag State sovereignty thus applies fully on board andpersons were on Board shall be subject to the regulations of the flag State
2. The Legal Status of the ship's Ownership becomes clear
3. Can be installed/encumbered mortgage
The terms of the ships on the list in Indonesia
1. Ships with the size of the gross content of at least 20 M3 or assessed similarly.
2. Owned by Indonesian citizens or legal entities domiciled in indonesia and indonesia (article 46 paragraph (2) of law No. 9 of 1992 about the cruise.
The documents that must be completed for the registration of a ship.
1. File an application letter to the Acting Registrar
2. Proof of ownership of Ship
3. The identity of the owner of the
4. Mail Measure (temporary or Permanent)
5. a special Certificate for Delection ship ever licensed overseas.
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