Khodyko Y. Object of the mortgage legal relationship.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0411U003126

Applicant for

Specialization

  • 12.00.03 - Цивільне право і цивільний процес; сімейне право; міжнародне приватне право

24-03-2011

Specialized Academic Board

Д 64.086.02

Yaroslav Mudryi National law university

Essay

The dissertation is the first complex research of object of the mortgage legal relationship. This dissertation discovers the private-law nature and collateral features of mortgage as a proprietary means of securing obligations. Such terms as object of civil legal relationship, object of mortgage contractual obligation and subject of the mortgage agreement are comparatively analyzed. The dissertation is devoted to analyzing the nature of the mortgage legal relationship, as well as meaning and value of the object in it. The author definies the object of mortgage legal relationship itself, outlines its peculiarities, and develops multistage classification of mortgage objects as per various criterions. The author also analyzes peculiar features of the mortgage applied to different socially significant objects, inter alia land plots, construction-in-progress and apartments in multi-storied buildings in the light of 'integral legal object' principle (legal integrity of land plot and immovable objects attached to it, and displacement of which is restricted and complicated). Controversial issues of mortgage of the enterprise as an integral property complex and quasi-realty (real estate ipso jure, by law) are described. The author makes suggestions as to amending and improving effective law with respect to the legal regulation of mortgage object, to make the civil law of Ukraine more efficient and optimal in this sphere.

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