PLEDGE OF MOVABLE THINGS ATTRIBURED TO IMMOVABLES
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 4, Issue
Abstract
The article is devoted to the research of pledge of movable thing attributed to immovables. The author defines form of pledge (mortgage) contract of movable things attributed to immovables, and order of arising, changing and termination of pledge. Writing form and notarization required for such contracts as well as for contract of immovable property mortgage. At the same time contract of movable property pledge can be notarized only by will of its participants. Being based on modern domestic legislative provisions and positions of legal scientists the author compare orders of arising, changing and termination of pledge of movable property, immovable property and movable property attributed to immovables. Determined that legislator has made an attempt to spread immovable thing legal regime over air and sea crafts as well as inland waterway vessels and space objects. That’s why pledge of movable thing attributed to immovables is fixed according to the Law on mortgage. But at the same time the process of pledge registration is regulated by Order of State Register of Encumbrances of movable property but not by provision of Law on State registration of immovable property rights and its encumbrances. As a result legal regime of movable things attributed to immovables in sphere of pledge relationships represents itself as combination of rules that provides pledge of movable things and mortgage of immovable. Moreover system of double registration that provides registration of sea crafts pledge both in State Sea Crafts Register of Ukraine and Register of Encumbrances of movable property subsists within sphere of sea crafts legal circulation.
Authors and Affiliations
К. В. Зубенко
Keywords
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