ASPECTS OF JUDICIAL ORDER OF PROTECTION OF RIGHTS AND LEGITIMATE INTERESTS OF PARTIES TO MORTGAGE LEGAL RELATIONSHIP WITHIN UNFINISHED CONSTRUCTION PROJECTS IN CIVIL LAW IN THE UKRAINE | Журнал правовых и экономических исследований

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ASPECTS OF JUDICIAL ORDER OF PROTECTION OF RIGHTS AND LEGITIMATE INTERESTS OF PARTIES TO MORTGAGE LEGAL RELATIONSHIP WITHIN UNFINISHED CONSTRUCTION PROJECTS IN CIVIL LAW IN THE UKRAINE



D.V.Kyrylyuk
dmitriy_kir@mail.ru
“Private notary Kirilyuk D.V.”
Kiev, Ukraine
The article deals with key issues of court involvement in protection of rights and legitimate interests of parties to legal relationship of mortgage. The conclusion about possibility to identify the general and special methods of judicial protection (provided by the Civil Code of Ukraine and the special legislation in the sphere of regulation of legal mortgage, especially, the law of Ukraine "On mortgage") is done. Special ways to protect rights and legitimate interests of subjects of mortgage legal relationship by court are considered.

Keywords:

  • pledge
  • mortgage
  • protection of civil rights
  • pledgee
  • pledger
  • enforcement of obligations
  • real estate
  • unfinished construction project
  • The purpose of the article is to analyze methods of protection of rights of mortgage parties along with legal remedy through the courts. The study is considered to be quite topical one nowadays. The author outlines 3 major situations whereon in order to protect ones rights and legitimate interests in legal relations between mortgage parties to go to the law becomes a vital necessity for a party. In particular these are when the terms of a mortgage contract have been broken, when primary obligation has been violated or when violations occur in sphere of state mortgage registration. The articles studies key issues of the court participation in protection of rights and legitimate interests in legal relations between mortgage parties along with individual special methods of protection through the court. On the basis of the analysis of the current Ukrainian legislation the author comes to the conclusion that protection of rights and legitimate interests in legal relations between mortgage parties might be provided either jurisdictionally or non-jurisdictionally. The most commonly used jurisdictional way is legal remedy. The author distinguishes and describes general and special methods of protection of rights of the mortgage parties.

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