Rahmi Jened(1*)

(1) Airlangga University
(*) Corresponding Author


Economic financial crisis brings severe impact on property sector. Financing on investment property today nowadays still relies on short term  financing such as deposit and saving that causes high interest rate. This further affects the people’s  ability to invest on  a real property that is descent and affordable. Meanwhile with banking sector facing fragile situation , short term real property financing will become mismatch that can worsen bank’s liquidity. In order to find  a solurtion of a such problem, nowedays has been developed a new financial institution  adopted from Common Law tradition that is SecondaryMortgage Facility(SMF). I is not easy to adopt legal institution s derived from  the  Common Law ttradition into or country that based on Civil Law tradition. This paper will discuss the legal theory of Secondary Mortgage Facility (SMF) for real property financing.


Key words: b Mortgage facility, Real property, financing law, Civil law tradition, Common Law tradition.

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DOI: https://doi.org/10.22146/jmh.33212

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