E ISSN: 2583-049X

International Journal of Advanced Multidisciplinary Research and Studies

Volume 2, Issue 6, 2022

The Legal Consequences of Transferring Receivables with Fiduciary Guarantees in Leasing Agreements

Author(s): Siti Malikhatun Badriyah, Siti Mahmudah, Dyah Listyarini, Adi Suliantoro


Collateral is an important factor in various agreements, including in leasing agreements. One of them is a fiduciary guarantee. Fiduciary guarantees are widely used in business activities, including in leasing agreements to guarantee the security of creditors' receivables. Receivables owned by a creditor may be transferred to other parties to obtain funds externally. In the event that receivables guaranteed by fiduciary guarantees are transferred to other parties, it can cause problems, especially related to legal consequences for new creditors and fiduciary guarantees for these receivables. This study aims to determine and analyze the legal consequences of transferring receivables guaranteed by a fiduciary guarantee in a leasing agreement. The approach method used in this research is the socio legal approach. In this case, library research and field research will be carried out to find out and analyze the legal consequences of transferring receivables with fiduciary guarantees in leasing agreements. The results of the study show that fiduciary guarantees have a very important function in leasing agreements. A fiduciary guarantee is an agreement that is accessoir (additional agreement) from the main agreement. Therefore, by transferring the receivables in the leasing agreement to another party, the fiduciary guarantee will automatically be transferred to the new creditor. Thus, the new creditor will have a position as a preferred creditor and at the same time a separatist creditor.

Keywords: Receivables, Fiduciary Guarantee, Transfer, Legal Consequences

Pages: 491-494

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