DUE TO LEGAL LIABILITY IN BANKING CREDIT Feibe Engeline Pijoh, Lesza Leonard Lombok, Sam J.R saroinsong
Manado State University
Abstract
Credit is the most important part of the bank^s business activities, as an effort to provide a sense of security for each bank^s operational activities. In the implementation of bank lending, in addition to technical and financial analysis, legal security must also be carried out, through strong collateral binding, including the installation of Mortgage Rights on the object of credit guarantees that have been realized by the bank. This paper raises the issue of the legal consequences of liability in banking credit, using a normative research method. This approach is used in analyzing legal materials by referring to legal norms in laws and regulations and court decisions as well as various literatures related to the object of research.
The results of this study indicate that in a liability agreement, the number of subjects that is considered, in this case more than one creditor and/or debtor. In an active liability engagement, each creditor has the right to collect all obligations in the liability engagement from the debtor. The obligation in the obligation to bear responsibility is the obligation to deliver money which can naturally be divided, then the debtor can fulfill the obligation simultaneously to each creditor until the total amount is equal to the debtor^s overall obligations. The debtor has the right to be sued in its entirety by the creditor, for all his receivables. Liabilities between debtors are meaningless, if the nature of the object of the engagements allows for distribution of the implementation.
