Tsvigun I. Civil law mortgages of a land plot

The thesis is a complex study of civil law regulation of land mortgages. As a result of the research, a number of conceptual findings were conducted, a number of new, important scientific provisions that could be used to improve the regulation of this legal institution were substantiated. The article deals with the formation and development of mortgage relations at various historical stages of statehood of Ukraine. The mortgage is described as an institution of obligatory and substantive law and as an independent institution of mortgage law. The author's definition of the mortgage agreement of the land plot has been developed and its legislative consolidation has been proposed. According to the ctiterion of the physical characteristics of the land plot, it is proposed to distinguish two types of mortgage agreement: 1) mortgage contracts of a "clean" land plot; 2) mortgage contracts of the land plot where the objects of real estate and / or objects of unfinished construction are located. The specifics and characteristics of the land plot as a subject of the mortgage contract are described. It is established that under the mortgage of a land plot, the right of a mortgage extends also to objects of real estate which are located on it. The difference between the legal status of the property guarantor in the mortgage law from the guarantor in the legal relationship of warrant is substantiated