Bank Liability as Trustee in Banking Insolvency
<p><strong>Introduction to The Problem:</strong> A trustee agreement is an exclusive agreement in banking gives the bank the right and authority to manage the customer's assets as stated to the agreement The assets of trust assets are the property of the customer, the manageme...
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| Format: | Article |
| Language: | Indonesian |
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Universitas Ahmad Dahlan
2019-11-01
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| Series: | Jurnal Hukum Novelty |
| Subjects: | |
| Online Access: | http://journal.uad.ac.id/index.php/Novelty/article/view/13769 |
| _version_ | 1798029309784358912 |
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| author | Franciska Mifanyira Sutikno Indah Dwi Miftachul Jannah |
| author_facet | Franciska Mifanyira Sutikno Indah Dwi Miftachul Jannah |
| author_sort | Franciska Mifanyira Sutikno |
| collection | DOAJ |
| description | <p><strong>Introduction to The Problem:</strong> A trustee agreement is an exclusive agreement in banking gives the bank the right and authority to manage the customer's assets as stated to the agreement The assets of trust assets are the property of the customer, the management of the assets must be separately carried out to implement the Prudential Principle and <em>Pacta Sunt Servanda</em> in banking contract.<strong></strong></p><p><strong>Purpose/Objective Study:</strong> Research and analyze the legal consequences of the trustee agreement and analyze the bank liability towards the insolvency status to the trustee agreement.</p><p><strong>Methodology/Approach:</strong> This Legal Research used normative positivism with the using of the Statute and Conceptual Approach. The Legal Research Sources divided into primary to the tertiary source.</p><p><strong>Findings: </strong>The research shows that the Bank is only as the manager of the asset; therefore, every legal conduct shall have approval from the Settlor under the trustee agreement. It means, if the assets are included as insolvency assets, it is a violation of contract as well as law where the dispute settlement shall be taken into account.</p><p><strong>Paper Type:</strong> This Research is Reseach Article completed by rules and regulations.</p> |
| first_indexed | 2024-04-11T19:23:12Z |
| format | Article |
| id | doaj.art-707c1f188298423fb406a907408b2027 |
| institution | Directory Open Access Journal |
| issn | 1412-6834 2550-0090 |
| language | Indonesian |
| last_indexed | 2024-04-11T19:23:12Z |
| publishDate | 2019-11-01 |
| publisher | Universitas Ahmad Dahlan |
| record_format | Article |
| series | Jurnal Hukum Novelty |
| spelling | doaj.art-707c1f188298423fb406a907408b20272022-12-22T04:07:15ZindUniversitas Ahmad DahlanJurnal Hukum Novelty1412-68342550-00902019-11-0110211112910.26555/novelty.v10i2.a137696204Bank Liability as Trustee in Banking InsolvencyFranciska Mifanyira Sutikno0Indah Dwi Miftachul Jannah1Postgraduate Study, Faculty of Law, Universitas Airlangga SurabayaPostgraduate Study, Faculty of Law, Universitas Airlangga<p><strong>Introduction to The Problem:</strong> A trustee agreement is an exclusive agreement in banking gives the bank the right and authority to manage the customer's assets as stated to the agreement The assets of trust assets are the property of the customer, the management of the assets must be separately carried out to implement the Prudential Principle and <em>Pacta Sunt Servanda</em> in banking contract.<strong></strong></p><p><strong>Purpose/Objective Study:</strong> Research and analyze the legal consequences of the trustee agreement and analyze the bank liability towards the insolvency status to the trustee agreement.</p><p><strong>Methodology/Approach:</strong> This Legal Research used normative positivism with the using of the Statute and Conceptual Approach. The Legal Research Sources divided into primary to the tertiary source.</p><p><strong>Findings: </strong>The research shows that the Bank is only as the manager of the asset; therefore, every legal conduct shall have approval from the Settlor under the trustee agreement. It means, if the assets are included as insolvency assets, it is a violation of contract as well as law where the dispute settlement shall be taken into account.</p><p><strong>Paper Type:</strong> This Research is Reseach Article completed by rules and regulations.</p>http://journal.uad.ac.id/index.php/Novelty/article/view/13769bankinglegal protectionliabilityinsolvencytrustee agreement |
| spellingShingle | Franciska Mifanyira Sutikno Indah Dwi Miftachul Jannah Bank Liability as Trustee in Banking Insolvency Jurnal Hukum Novelty banking legal protection liability insolvency trustee agreement |
| title | Bank Liability as Trustee in Banking Insolvency |
| title_full | Bank Liability as Trustee in Banking Insolvency |
| title_fullStr | Bank Liability as Trustee in Banking Insolvency |
| title_full_unstemmed | Bank Liability as Trustee in Banking Insolvency |
| title_short | Bank Liability as Trustee in Banking Insolvency |
| title_sort | bank liability as trustee in banking insolvency |
| topic | banking legal protection liability insolvency trustee agreement |
| url | http://journal.uad.ac.id/index.php/Novelty/article/view/13769 |
| work_keys_str_mv | AT franciskamifanyirasutikno bankliabilityastrusteeinbankinginsolvency AT indahdwimiftachuljannah bankliabilityastrusteeinbankinginsolvency |