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Thesis: Mortgage in civil law

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Thesis: Mortgage in civil law Thesis: Mortgage in civil law

Thesis "Mortgages in the civil law."
Reserved. I handed over to the university in 2014.
Pages: 96. Bibliography: 53 titles. Applications.


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Contents

Introduction ............................................................................................................... 3
Chapter 1. The theoretical and legal foundation of the Institute of mortgage ....... 8
1.1 History of the mortgage .............................................. .............................. 8
1.2 Civil-law regulation of the mortgage .......................................... 16
Chapter 2. The concept and structure of relations in the sphere of mortgage lending ........................................................................................................33
2.1 The concept of mortgage lending ......................................... 33
2.2 Subjects of mortgage lending ....................................... 38
2.3 The loan agreement, concluded with the issuance of mortgage loans ... ..48
Chapter 3. The newest institute in the Russian legislation - mortgage-backed securities ...................................... .................................................. .......... 58
3.1 Mortgage-backed securities ............................................. ............. 58
3.2 Mortgage participation certificates .............................................. ................... 63
Chapter 4. Problems of legal regulation of mortgage relations ...... 66
Closing ........................................................................................................... 73
References ............................................... .................. 78
Apps .......................................................................................................... 83


INTRODUCTION

Relevance of the topic. The task of providing its citizens housing, affordable and according to the method of acquisition, to this day is for each state one of the determining factors of its social policy.
At first glance, in Russia, as in any other country, this issue is given increased attention by the state.
The development of market relations in Russia in recent years has led to an appeal to the legal institutions which are able to ensure their effective functioning. One of these institutions is a mortgage.
Interest in this issue is due to both the relative novelty of the Institute for the mortgage legal relationships arising in Russia in the field of entrepreneurship, and many, but not yet resolve questions of theoretical and practical nature which arise in the implementation of the rights arising from the deposit.
Institute of mortgages - an integral part of any developed system of private law. Especially the role of the mortgage when the economy is poor. In this case, robust and efficient mortgage system could help to stabilize the situation. Mortgages, on the one hand, contributes to reducing inflation, temporarily delaying the available funds of citizens and businesses, on the other hand, it helps to solve social and economic problems.
World practice shows that even in the most developed countries, the state has the ability to provide housing for disadvantaged categories of citizens only to the extent of 15-20% of the housing needs of the population. This explains why the attempts of the Soviet
State to provide free housing for the entire population of the country proved to be completely unfounded and, ultimately failed.

Chapter 1 Theoretical and legislative framework INSTITUTE MORTGAGE

1.1 History of the mortgage

Mortgage - an ancient Greek word that means "the base", "bail". Her appearance was due to the emergence in ancient Greece of private property, and, above all, on the land. Thus a new type of loan collateral - land collateral. On the border of the mortgaged land lender set pole with an inscription that the property is his claim to the provision of some money. This pillar, and called the "mortgage" (Stand). Features and

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