So in lawsuit A, B has defaulted as explained above for the party who has broken the promise is an act of default, so in lawsuit A against B, it must describe how the legal relationship between A and B began, where the Posita and Petitum in the lawsuit have a strong connection, in lawsuit A, it can be requested to place a guarantee confiscation on B's assets in order to obtain legal certainty over A's rights, so a guarantee confiscation must be placed on B's assets, What is the definition of a guarantee confiscation:

  • Guarantee confiscation is a coercive effort that is a formal manifestation of the application of Article 1131 of the Civil Code. Article 1131 of the Civil Code reads: All movable and immovable goods belonging to the debtor, both existing and future, become collateral for the debtor's personal obligations’
  • Guarantee confiscation can be filed in a debt dispute or claim for compensation

To grant a guarantee confiscation request, the Judge must pay attention to:

  1. The confiscation is only carried out on goods belonging to the defendant (or in the case of revindicatoir confiscation against certain movable goods belonging to the plaintiff that are in the hands of the defendant referred to in the lawsuit), after first hearing the statement of the defendant (see Article 227 paragraph (2) HIR/Article 261 paragraph (2) RBg.).
  2. If what is confiscated is a plot of land, with or without a house, then the minutes of confiscation must be registered in accordance with the provisions in Article 227 (3) jo Article 198 and Article 199 HIR or Article 261 jo Article 213 and Article 214.
  3. In the event that the confiscated land is already registered / certified, the confiscation must be registered at the National Land Agency. And in the event that the confiscated land is not yet registered / not yet certified, the confiscation must be registered at the Village. The confiscated action that is contrary to the prohibition is null and void.
  4. The confiscated goods, even though they are clearly the property of the plaintiff that was confiscated with revindicatoir confiscation, must still be held / controlled by the confiscated party. The confiscated goods cannot be entrusted to the Lurah or to the Plaintiff or take the goods to be stored in the District Court building.
  5. If a guarantee confiscation has been carried out and then a peace agreement is reached between the two parties in the case, then the guarantee confiscation must be lifted.