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Kazachenok O.P. Features of Legal Grounds of Mortgage Under Contract and Law

Olesya Pavlovna Kazachenok
Сandidate of Juridical Sciences, Associate Professor,
Department of Civil and International Private Law,
Volgograd State University, Base Department of Southern Scientific Center
of the Russian Academy of Sciences (SSC RAS)
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Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation


Abstract. The article considers the current issues of legal bases of legal housing loans as one of the main ways to purchase housing in the property today under the conditions of stable high housing prices, financial crisis and the devaluation of the ruble. The author reveals the content of the object and the subject of mortgage dwellings. Technical, sanitary and other consumer characteristics of the dwelling are identified as the subject of mortgage. The additional requirements for collateral set by banks for residential premises – the mortgaged property as a guarantee of loan repayment are analyzed. The methods of credit registration are described.
The different classifications of residential mortgages are given. The author determined and compared the features of the legal bases of occurrence of the mortgage under contract and law.

Key words: dwelling, mortgage lending, mortgages, mortgage object and the mortgaged property, the system of mortgage lending, mortgage under contract, mortgage agreement, mortgage under law.

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