THE OPTIMIZATION OF DEBTOR PROTECTION IN PROBLEMSMISBRUIK VAN OMSTANDIGHEDEN WHAT CREDITORS DO IN THE EXECUTION OF VIAT PARATE

The existence of Mortgage Rights agreements often creates opportunities Misbruik van omstandighedenor misuse of circumstances that often harm the debtor as a powerless party due to a low bargaining position, because the debtor is a party that needs loan funds from the creditor, one of which is in the execution of parate collateral objects. This article aims to analyze the urgency of debtor protection from Misbruik van omstandigheden which is carried out by creditors in the implementation of parate Mortgage Rights executions. The method used in this paper is normative juridical. The creditor as the petitioner for execution can execute the Mortgage object through parate execution (beding van eigen matigen van koop) provided that the deed of encumbrance of the Mortgage contains a promise that the holder of the first Mortgage has the right to sell the object of Mortgage under his own authority. Based on the analysis conducted, it can be seen that Article 6 and Article 20 of the MORTGAGE RIGHTS REGULATIONS, which have resulted in loopholes for misuse of circumstances or misbruik van omstandigheden by creditors against debtors in terms of implementing agreements related to the execution of mortgage collateral objects separately