Today’s Legal Enlightenment (Wednesday, March 23, 2022) – “CONSTITUTIONAL COURT’S DECISION REGARDING THE EXECUTION OF FIDUCIARY SECURITIES”
This Constitutional Court’s decision provides confirmation that the execution of fiduciary securities can be submitted to the District Court by alternative Creditors. The alternative referred to is an option if a default agreement is not reached and there is no voluntary surrender of the object of fiduciary security by the Debtor, then the choice of execution may not be made by the Creditor himself but asks the District Court for assistance to carry out the execution. But the submission to the court is not a lawsuit but an Execution Request.
Supreme Court Decision No. 2 K/PUU-XIX/2021 dated August 31, 2021
Regards,
Fredrik J. Pinakunary