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Goncharov A.I. Certification of Chargee’s Rights by Monetary Obligation and the Mortgage Ag

Aleksandr Ivanovich Goncharov
Doctor of Juridical Sciences, Doctor of Economic Sciences,
Professor, Department of Constitutional and Municipal Law,
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 author investigates the entrepreneurial structure, in which the rights of the mortgagee (bank-creditor), namely, – the requirement to obtain a sum of money and the right of lien on the property, which is supported by the solvency of the borrower, you can run into economic circulation. In this case, the creditor bank can sell them, he will rescue funds, which can again be used for lending. After this transaction, the borrower will have a new creditor with the same rights of the mortgagee. The new lender is also not prohibited to sell their property rights following the lender, this process is endless resale rights. For ease of use in the economic turnover, these rights can be turned into a concise, strictly defined, documentary form. These rights are certifies with the special securities – mortgage. This certifies the security, firstly, the right to the rightful owner for a mortgage under liabilities execution, secured by a mortgage, without the submission of other evidence of the existence of these obligations; secondly, the right of pledge on the property encumbered by a mortgage, it is the rightful owner mortgage. Mortgage individuals are obliged to the debtor of the obligation secured by the mortgage and the mortgagor. The mortgage is made by mortgagor, and if it is a third party, it is made with the debtor of the obligation secured by the mortgage. This security is designed to simplify and accelerate the turnover of belonging to the claims of creditors collateralized of real estate, as well as the rights of the lender to dispose of the mortgaged property in the event of insolvency of the debtor.

Key words: certificated securities, loan, borrower, mortgage, real estate, mortgagor, credit, refinancing.

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