Nature of Collateral Characteristics as a Special Warranty In Banking Environment

ABSTRACT: Special guarantees in the context of banking can be divided into two parts, namely general guarantees and special guarantees: General guarantees are the fulfillment of the law regulated in Article 1131 BurgerlijkWetboek, then written BW, which states that: “All the debtor’s assets, both movable and the immovable, the existing and the newly created, belong to all his private actions.” And special guarantees are regulated in article 1132 BW, which reads: “An object is a guarantee for all those who owe it; income from the sale of these goods will be after the balance, d Special guarantees arise from material guarantee agreements, namely: Mortgage, Mortgage, Mortgage and Escrow which affect Lien, Mortgage, Mortgage and Escrow. With respect to the types of securities, among others: the first is the Absolute. Material rights are absolute, meaning that rights can be enforced against anyone, secondly, they are droit de suite, meaning that material rights follow the object in their hands. Third, there is the principle of priority, according to which substantive rights that have been previously arranged have priority over subsequent substantive rights. The fourth is preferential, meaning that substantive rights are given to creditors to get payment priority over other creditors.

KEYWORDS:Excellent character; special warranty; banking