Social and Legal Studios

Abstract

The rise, realization and termination of the mortgage right in the Eastern Galicia and Western Volyn as a part of Poland (1918-1939) are analyzed. A concept and a subject of mortgage, the role and the place of land registers in the hypothecary relationships execution, ways of the mortgage acquiring, conditions of making of hypothecary record are found out. The possibilities of transformation of ordinary mortgage into a combined one are characterized. It is defined that a mortgage contract cannot be considered as a lawful act until a relevant record is not entered in the land registers. According to the Austrian law, a subject of mortgage can be not only real property, but also movable property. Any property of the owner is a subject to civil circulation. However, a subject of the mortgage cannot be inheritance property in full, but only a part of it. There were such ways of a mortgage acquiring: the will of the owner according to the mortgage agreement or testament; a court decision about acquiring by the creditor of the right to the intangible property according to the Land register note, legislative norms, which, in some cases, regulated the provision of credit obligations without Land register note. The main conditions of a mortgage termination are determined. They include the destruction or cancellation of the mortgage of property; the rejection of the mortgage, that is, a transfer of a mortgage to another property; the termination of the mortgage agreement; making a court decision to change the owner of the property or division of the mortgage property between several owners. The last one was amortization as total cancellation of a mortgage in the court order according to the degree of wearing of the mortgage object at the request of a debtor after 50 years and more in the absence of a creditor’s property claims

Keywords: mortgage, creditor, debtor, Land registers, conditions of acquiring and termination of a mortgage, cancellation of a mortgage, property claims of a creditor

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