Duchal O. Legal regulation of mortgage bonds in economic turnover

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0416U002509

Applicant for

Specialization

  • 12.00.04 - Господарське право; господарсько-процесуальне право

25-05-2016

Specialized Academic Board

Д 11.170.02

Institute of Economic and Legal Research of the National Academy of Sciences of Ukraine

Essay

Research object: public relations developing in the process of issue, sale, cancellation, termination of the mortgage in the economic turnover. The purpose of the study: development of theoretical provisions and practical recommendations for improving the legal regulation of the mortgage certificate in the field of management. Methods of research: historical, analytical-synthetic, formal-logical, logical-legal, comparative-legal. Theoretical and practical significance: substantiated new scientific principles and developed proposals to improve legislation concerning the legal regulation of pledge. Position of the thesis on the legal treatment of the collateral mortgage bonds are used in the activities of PJSC "AB" Radabank", LLC "Invent Group" and LLC "NTS Ukraine". Some results of the research are used in the activities of the Economic court of Donetsk region and the Donetsk commercial court of appeal during the review of the relevant category of cases. Scientific novelty: the authors investigated the concept of mortgage and its specified characteristics. Analyzed the historical background of the emergence and development of mortgage. Marked economic and legal nature of the mortgage treatment. Investigated the form and content of mortgage and proposed update of the list of obligatory requisites and way of them. Clarified the subject structure of the relations connected with circulation of a mortgage, and identified its characteristics in relation to the participation of enterprises of state and communal sector of the economy. A systematic procedure for the issuance and cancellation of mortgage. Investigated ways to use a mortgage in business and the peculiarities of their application. Classified ways of foreclosure on the mortgaged property. Scope of use: the subjects of legislative initiative, the subjects of law enforcement activities, commercial courts, business entities; institutions of higher education.

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