Sofronkova N. Judicial protection of the debtor's rights in the mortgage relations

The thesis work is devoted to research of theoretical, legislative and practical problems of protection of the debtor's rights in mortgage relations. The thesis revealed essence of the right to judicial protection of civil rights and interests of the debtor, educed peculiarities of application of certain civil law remedies of the debtor, defined the concept and features of mortgage relations. The legal status of the subjects of mortgage relations in civil legislation of Ukraine has been analyzed; the debtor place in mortgage legal relationship and its position compared with the creditor-mortgagee has been defined, given the debtor's weak position. The legal consequences of changes in the subject composition of mortgage relations have been determined. The grounds and conditions for exemption from liability of certain categories of debtors in mortgage relations have been revealed, and basic essential and mandatory grounds for satisfaction of the creditor's requirements to the debtor in a judicial proceeding have been defined. We have analyzed legal practice, including the disputes concerning foreclosure on the mortgaged property, eviction, recognition of a mortgage agreement invalid. Specific proposals and recommendations for improving legal regulation in the investigated area have been outlined.