Review article

Legal Position of a Real Property Owner/Buyer in the Mortgage Regime

Gabrijela Mihelčić ; Pravni fakultet Sveučilišta u Rijeci

Abstract

Being motivated with the Italian legal regulations governing the so-called institute of processo di liberazione degli immobili dalle ipoteche, the author in the article analyses possibilities at disposal of the real property owner/buyer in mortgage regime governed by Croatian positive legislation to “liberate” the real property from effects of the law of pledge, i.e. from the mortgage. The instruments which are available to the owner/buyer of a real property under the mortgage have been presented through the phase of securing the law of pledge and the phase of its settlement. Furthermore, the institutes have been compared with the Italian positive legal regulations to verify whether it would be useful to implement the institute of processo di liberazione degli immobili dalle ipoteche in domestic legislation.

Keywords

mortgage; forceful settlement; processo di liberazione degli immobili dalle ipoteche

Hrčak ID:

52634

URI

https://hrcak.srce.hr/52634

Publication date:

10.4.2009.

Article data in other languages: croatian

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