Dyakovych M. Civil and legal aspects of securing property interests of the mortgagee.

The mortgage occupies an important place amongst civil and legal means of obligations securing. Mortgage relations belong to the mixed type of regulative and protective legal relations. The protection of the property interests of the civil circulation participants is a topical question in the stage of transition to the market economy. The civil and legal issues for protection of creditors' and mortgagees' property rights are studied in the thesis. The structure and content of mortgage obligations as well as their legal nature are analyzed. The questions of the legal regime of the mortgage subject are clarified pursuing the aim of this research. The mortgage subject classification by different criteria is offered. The characteristic features of legal regulation of some types of mortgages are examined. On the basis of analysis of the practice of proceeding with penalties to the mortgaged property the offers are grounded on how to improve the procedure of mortgagees claims settlement. It is necessary to secure the mortgagee right to charge the mortgaged property as well as to inflict a loss resulting from other reasons besides the primary obligation execution expiring. Some recommendations were developed concerning unification of charging procedure on property - subject of civil, legal, and tax mortgages. The conclusion is grounded on providing the mortgagee with the right to charge the mortgager's funds if reduction of mortgage subject cost has occurred because of mortgager's fault.