Open AccessTHE LEGAL NATURE OF THE MORTGAGE (THE GUARANTEE) AND ITS DELIMITATIONS FROM THE ADJACENT CIVIL AND LAW PHENOMENON
Author(s) -
В Г Ротань,
Serhii Ochkurenko
Publication year - 2020
Publication title -
problemy prava
Language(s) - English
Resource type - Journals
ISSN - 2075-7913
DOI - 10.14529/pro-prava200406
Subject(s) - law , obligation , secondary mortgage market , phenomenon , liability , civil code , civil law (civil law) , paragraph , creditor , real estate , business , law and economics , economics , commercial law , mortgage insurance , political science , debt , insurance policy , finance , physics , quantum mechanics , casualty insurance
In this article it substantiates the understanding of the sense of the mortgage (the guarantee) as the complex of the liability law. The absolute (of estate) law relationships apropos of the mortgage (the guarantee) have especially auxiliary significance. And this is why they cannot express the essence of the mortgage (the guarantee).There is an insolubility of the question on the character of the mortgage (the guarantee) in the science. It is caused by this: the discussion on the character of the mortgage (the guarantee) is implementing in principle out of touch of the standards of law, which regulate the mortgage (the guarantee) relationships and out of law relationship, appearing as a result of such regulation or this discussion does not take into account in the appropriate measure the content of the corresponding law statements. The supposed inclusion of the statements on the mortgage (guarantee) in part II of the Civil Code will negatively influence the structure of the Civil Code. We have to differ the mortgage (the guarantee) from the adjacent law phenomenon. In particular the assignment to the mortgagee (creditor on the obligation, which is secured by the mortgage (the guarantee) of the right to satisfy its requirement at the expense of sources, enumerated in paragraph 2 of the article 334 of the Civil Code does not mean that the appropriate rights and law