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Journal > Perspektif > LAHIRNYA HAK KEBENDAAN

 

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Perspektif
Vol 17, No 1 (2012): Edisi Januari
LAHIRNYA HAK KEBENDAAN
Usanti, Trisadini Prasastinah ( Fakultas Hukum Universitas Airlangga Surabaya)
Article Info   ABSTRACT
Published date:
27 Jan 2012
 
Property rights is a right based on private law, and is an absolute right over a thing. Property rights gives direct control over an object and can be defended against anyone. Property rights has it own superior characteristics. There are major differences between property rights and individual rights, because property rights has a superior differences compared with individual rights. Based on Burgerlijk Wetboek property rights divided into two kind, first is property rights which it’s character is giving a guarantee (zakelijk zakenheidsrevht) such as pawn, fiducia or mortgage, and it born based on publicity principle which is done by registering to the registration office, pawn is an exception, it has no provision about publicity because the rights born when the property has been transfered. The second one is property rights which it’s character is giving a pleasure, such as bezit and ownership, this kind of property rights born based on the property type and kind.
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