Open AccessThe possibility of qualifying foreclosure of the mortgaged real estate as secondary rights
Author(s) -
Ксения Бочарникова
Publication year - 2015
Publication title -
rossijskij žurnal pravovyh issledovanij
Language(s) - English
Resource type - Journals
eISSN - 2410-7522
pISSN - 2410-4965
DOI - 10.17816/rjls18095
Subject(s) - foreclosure , entitlement (fair division) , real estate , action (physics) , estate , doctrine , law and economics , law , position (finance) , business , political science , economics , finance , physics , mathematical economics , quantum mechanics
The question about a possibility of considering of a foreclosure of the mortgaged real estate as an entitlement to unilateral action is raised in the article. The complexity and diversity of the legal nature of the foreclosure of the mortgaged real estate is noted. The author of the article analysis the features of the entitlement to unilateral action existing in the law doctrine and gives researchers points of view and basic concepts of the entitlement to unilateral action. The author’s own position whereby the foreclosure of the mortgaged real estate can’t be considered as an entitlement to unilateral action is expressed and defended. The thesis about a possibility of violations of the right of the foreclosure of the mortgaged real estate by a third party is grounded.