Sabtu, 26 Oktober 2013

Guarantee



By: Kiki Ayu R
11220013
Guarantee is a promise in writing made by a debt that can not be returned. Dependents in the form of collateral must be dukungan.Jaminan is a form of mortgage and its value as a dependent is highly dependent on the financial and credit position of the guarantor, as well as the form and terms of guarantee
In the Criminal Code guarantees included in the 2nd book in the 1131 article owes all the material, whether movable or immovable, both existing and new exist in the future, the responsibility of individuals for immediate engagement.
The other notion is Dhamaan (
الضمان) means dependents or warranties. Thus, dhamaan is guarantee (bear) to pay the debt, pledge or deliver the goods at a designated place. Imam Mawardi (Shafi'i school of thought) said that dhamaan in utilization of assets, the beneficiaries dependents, insurance against property, against the soul, and the guarantee of a public union has become a habit. Dhamaah thus can be applied in buying and selling, borrowing and lending, deposit, guarantee, or Qiradh joint work, finding items, justice, murder, robbery, and theft.
As for under the provisions of Islamic Sharia debt moratorium is called Kafalah (merge), dhaamah (guarantee), hamalah (expense), za'amah (dependents). According Personality 'is defined as the process kafalah incorporation kafil dependents asiil the demands or requests with the same material or debt, or goods or work. In the opinion of the Hanafi school of jurisprudence. While other priests who give definition to "combine two dependents in demand and debt
The agency Aval (Guarantee) that is in debt receivable perejanjian known security institutions (borg) in the form of goods or personal guarantees to provide additional assurance of payment of one's debts. Notes as well sign a contract payment in a particular case require the presence of such a guarantee. The difference in the loan agreements in civil law receivable underwriting process is done in inter-personal, where the parties know each other. Warranties in this civil commitment is payable as if the agreement substantially assesoir.Dengan canceled then automatically guarantees that also killed.
Legal guarantees can be interpreted simply as a law governing debt guarantees, either in the form of collateral material mauopun individual guarantees. According to Prof. R. Subekti, collateral material can be distinguished in the security and personal guarantees. Personal guarantee is an agreement between the creditor with a third person who guarantees the fulfillment of the obligations debitur.Perjanjian individual security may even be held without the knowledge of the debtor tersebut.Jaminna


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