Share this article

Today’s Legal Enlightenment (Thursday, December 2, 2021)-REMAINING DEBT AFTER EXECUTION

A Bank Loan is secured by land bound by mortgage, then the debtor defaults. The execution of the mortgage is carried out in the form of a public auction of collateral goods, but the results are not sufficient to pay off the debt. The remaining debt after the execution of this mortgage can still be sued again by the Creditor against other assets belonging to the Debtor. The remaining debt is not written off, but remains the debtor’s obligation to pay the creditor (Article 1131 of the Civil Code).

Supreme Court Decision No. 2205 K/Pdt/1996 dated May 28, 1997

Regards,

Fredrik J. Pinakunary


Share this article