ENFORCEMENT OF COLLATERAL OBLIGATIONS (MORTGAGE): CURRENT STATE, PROBLEMS AND WAYS TO OVERCOME THEM

Abstract

This article is devoted to the problem of foreclosure on property that is the subject of a mortgage. A brief review of the historical development of the mortgage institute is carried out, the features of the mortgage subject are highlighted, various approaches to determining the legal nature of the mortgage are considered. On the basis of these theoretical provisions, the problems of law enforcement are considered. The acts of the Supreme and Constitutional Courts, which contain explanations on the possibility of foreclosure on the only housing that is the subject of a mortgage, are analyzed. Examples of decisions of arbitration courts following explanations given by higher courts are given. The conclusion is made about the need for legislative consolidation of the conditions and criteria for foreclosure on the only housing in order to improve legislative regulation in the studied area.