Legal Protection of Transfer of Receivables to Third Parties (Cessie) Against Debtor Debt Collateral

Abstract

A receivable transferred by cessie is a claim owned by a creditor on its debtor. The replacement of the debtor cannot be done just like that but must be done with the knowledge and approval of the creditor. Apart from that, the legal relationship between the debtor and creditor based on a pre-existing credit agreement is not broken, so that a new legal relationship does not occur which replaces the old legal relationship. The problem raised is what are the legal consequences arising from the transfer of receivables to a third party (cessie) on the debtor's debt guarantee? and what is the form of legal protection for the transfer to a third party (cessie) of debt collateral? With the existence of a cessie, the most important legal consequence is that the receivables are transferred from the party who transfers (cedent) to the party who receives the transfer (cessionaire), and after the cessie occurs, the position of the cessionary replaces the position of the cedent, which means that all rights owned by the cedent to the cessus can be used. by the cessionary completely. Forms of legal protection can be categorized into 2 (two) types, namely internal legal protection, which is a form of legal protection found in the preparation of agreement clauses which are prepared based on the agreement of the related parties, namely the creditor and the debtor. As well as external legal protection, it is a form of legal protection whose source comes from statutory regulations and is provided by the authorities because it applies to general, not personal, needs.