KONSEKUENSI HUKUM PENGUASAAN BENDA BERGERAK OLEH PIHAK KETIGA BERDASARKAN SIFAT KEBENDAAN DROIT DE SUITE (HAK KEBENDAAN YANG MENGIKUTI PEMILIKNYA).pdf

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Arida Mahmudyah

Abstract

This study is entitled The Legal Consequences of Movable Mastery by Third Parties Based on the Nature of Droit De Suite (Material Rights that Follow the Owner). The research method used in this study is a normative research method, that is, research which in essence is carried out by researching, exploring and examining various laws and regulations relating to the issues to be examined. Some conclusions that can be presented in this research are first birth of material rights on material rights that provide guarantees, that is hung on the application of the principle of publicity, by registering in the registration office, material rights are born, except for pawning institutions that have no provision on registration then as the embodiment of the principle of publicity of a pawn is by inbezitstelling that is the pawn object is handed over to the pawn holder (creditor) or a third party.  The two owners of movable objects whose objects are controlled by a third party based on the nature of material rights droit de suite do not get legal protection when changing hands to a third party who has obtained the object in good faith (de goeder trouw) because the property rights are attached to the object so that the person concerned will also be exposed to the obligation to respect it. And membezit material moves in this case instantly 0 (zero) years free from the demands of the owner. Unlike the control by a third party if obtained in bad faith (de kwader trouw), then the protection provided by Article 1977 paragraph 1 BW does not apply to items lost or derived from theft

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