THE MEANING OF THE IMMOVABLE GOODS SALE UNDER THE CURATOR’S HANDS

Abstract

The verdict of bankruptcy statements against debtors change the legal status of a person to be incapable of carrying out legal actions. All arrangements and settlement of bankrupt debtor assets are carried out by the curator. One way of selling bankrupt assets is by selling under the hands of the curator with the permission of the supervisory judge. However, the Law does not explain what is meant by types of objects, especially immovable objects and the sale process under the hands of the supervisory judge's permission clearly and firmly. For these factds, this study aims at analyzing and finding the meaning of immovable objects sale under the hands of the curator. For this analysis, it uses such approaches as statute approach, conseptual approach, and case approach. The research result found out the concept that the immovable objects according to the type in guarantee law can be  qualified as land. The sale of immovable objects on bankrupt assets under the hands of the curator if the ownership rights in the debtor's name only require the supervisor's permission. However, if the bankrupt assets which ownership rights are in the name of a third party, the supervisory judge's permission is used to submit a request to the Commercial Court to determine the authority of the curator to sell immovable objects under the hand. The curator is responsible for errors and / or negligence in carrying out the management duties and / or settelement that causes losses to bankrupt assets, both in civil law and criminal law.

Keywords: civil law and criminal law, bankrupt, immovable goods.

DOI: 10.7176/JLPG/87-21

Publication date:July 31^st 2019