Rahma Bening Satitiningtyas

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Quiz Law of Property

1. The notion of bezit is close to or almost the same as the notion of property rights (eigendom).
The difference is that eigendom shows more of a legal relationship with the owner, while
bezit shows more of a real relationship between the holder and the object. Besides that, in
eigendom, a person can act as the owner (eigenaar) of an object because he is the owner.
3. The pawnbroker has the right to control the object pledged, but does not have the right to
own the object pledged. Meanwhile, as a fiduciary recipient, he has ownership rights over
objects that are used as fiduciary objects, but these objects are not physically under his
control.
○ If the debtor is in default and the object being used as collateral will be sold, the
pawnbroker does not need a stipulation from the court and without the need for a bailiff.
Meanwhile, as a fiduciary recipient in his activities to sell objects used as collateral,
requires a decision from the Court that has permanent legal force.
○ The pawnbroker can hold the object used as collateral, if the principal debt, interest and
other costs have not been repaid during a certain agreement period by the pawnbroker. In
addition, the debtor does not have the power to demand the return of mortgaged objects.
Meanwhile, as a fiduciary recipient, they will obtain rights to objects that are used as
objects of fiduciary guarantees if execution is carried out.

4. a. Because he has both movable and immovable properties.

b. Article 1 point 2 U.U.F. says: “Fiduciary Guarantee is a guarantee right over movable
objects both tangible and intangible and immovable objects, especially buildings that
cannot be burdened with Mortgage as referred to in Law Number 4 of 1996 concerning
Mortgage Rights (U.U.H.T.) ….” Based on the provisions of Article 1 number 2 U.U.F.
mentioned above, it can be concluded that in principle objects that can be objects of
 fiduciary guarantees are movable objects, and fixed (immovable) objects, especially
buildings that cannot be burdened with Mortgage Rights.
c. If you are in a condition where payments for a loan experience a bottleneck/stagnancy
(kemacetan), the lender will generally exercise his right to take ownership of the goods.