LEGAL CONSIDERATIONS FOR GUARANTEE PERSONNELS WITH RELATED TO DEBTOR PROPERTY LIMITATIONS IN THE FINANCIAL PROCESS

Abstract

This thesis uses normative juridical research because it focuses on library research, which essentially examines legal principles, legal systematics, and legal synchronization by analyzing them. The data used in this research is secondary data consisting of primary legal materials, namely the bankruptcy legislation and the Civil Code. Secondary material is sourced from books and literature related to bankruptcy. The data obtained were analyzed using the analytical description method. From the results of the research, it can be concluded that in the event of a bankruptcy of the main debtor, according to the statutory provisions on coverage, it can be held accountable for fulfilling the obligations of the main debtor if the assets of the main debtor are insufficient. In addition, in the bankruptcy provisions, the guarantor (personal guarantee) becomes equal in position to the debtor, so that the consequence is that the personal guarantee loses the right to manage his assets and his authority falls to the curator