Chanysheva A. Mortgage civil legal relationships.

The thesis contains the analysis of the system of mortgage civil legal relationships (real and obligation relationships). These legal relationships are divided into those forming a legal construction of the mortgage and those related to mortgage. The author gives the definition of the mortgage considering inexpediency of the prohibition of transfer of the subject of mortgage into possession and usage of the pawnee and necessity to guarantee the priority right of the pawnee over the rights of the creditors of the depositor (debtor or property guarantor). Types and content of obligation mortgage legal relationships are defined and their dynamics are observed. Proposals on clarification of normative provisions which define substantial conditions of mortgage agreement and grounds of termination of the mortgage are provided. Recommendations on extension (by amending the Civil Code of Ukraine) of the action of provisions on nullity of contract due to the lack of one or several substantial conditions, and recognition of the type of real contracts of sale and purchase which are considered concluded from the moment of payment for the goods, subject to negotiation of substantial conditions, on all types of contracts. A number of propositions on overcoming in the legislation and practice of its application the situations when the significance of real mortgage legal relationships is reduced and achieving greater definiteness and expediency of norms, related to the dynamics of these legal relationships, are presented."