Characteristics of Collateral As A Special Guarantee in The Banking Environment

ABSTRACT: The characteristics of collateral as special guarantees in the banking environment can be divided into two, namely general guarantees and special guarantees. existing or new ones that will exist in the future, become dependents for all individual engagements”. And a special guarantee is regulated in article 1132 BW: “The object becomes a joint guarantee for all those who owe it; The income from the sale of the objects is divided according to the balance, that is, according to the size of each bill, unless there are valid reasons for the debtors to take precedence. Special guarantees are born from material guarantee agreements, namely: liens, mortgages, mortgages and fiduciaries which give birth to liens, mortgage rights, mortgage rights and fiduciary rights. As for the main characteristics of collateral, among others: the first is absolute. Material rights are absolute, meaning that rights can be enforced against anyone Droit de suite. Material rights will follow the object in the hands of whoever the object is. Second, there is the principle of priority, meaning that material rights that were born first take precedence over material rights that were born later. The third is preferential, meaning that material rights are rights given to creditors to take precedence in taking repayments over other creditors.

Keywords: main characteristics of collateral, special guarantees, banking