Document from CIS Legislation database © 2003-2019 SojuzPravoInform LLC

Accepted at the forty ninth plenary session of Inter-parliamentary Assembly of the State Parties of the CIS
(The resolution of April 19, 2019 No. 49-5)

MODEL LAW

About mortgage

Chapter 1. Basic provisions

Article 1. Concept and types of mortgage

1. Owing to pledge of real estate (mortgage) one party - the pawnbroker who is the creditor according to the obligation provided with mortgage has the right to become widespread the monetary claims to the debtor according to this obligation from the cost of the pledged real estate of other party - the pledger mainly before other creditors of the pledger, behind the withdrawals established by the law of the state.

2. The mortgage can be established in ensuring obligation fulfillment with indication of in the agreement of mortgage of data on being, the size and completion dates of this obligation or without specifying of such data on condition of determination in the agreement of limiting mortgage of the amount which can be received by the pawnbroker from the money obtained from realization of subject of mortgage for satisfaction of its requirements, and also term of existence of the right of pledge (mortgage with limiting determination of the amount).

Article 2. Legal regulation of mortgage

The general rules about pledge containing in the civil code are applied to the relations under the agreement of mortgage in cases when the specified Code or this Law do not establish other rules.

Article 3. Bases and moment of emergence of mortgage

1. The mortgage arises based on the agreement or by law.

2. The mortgage arises by law if it is provided in the law of the state what property and for what ensuring execution of the obligation is recognized being in pledge (further - mortgage by law). Rules about the pledge arising based on the agreement of mortgage by law are respectively applied to mortgage if other is not established by the law of the state.

3. The mortgage is subject to state registration and arises from the moment of state registration irrespective of the basis of its origin.

Article 4. The requirements provided with mortgage

1. The mortgage provides payment to the pawnbroker of the main amount of debt according to the obligation provided with mortgage completely or in the part provided by the agreement of mortgage. If the agreement does not provide other, the mortgage provides also payment to the pawnbroker of the amounts which are due to it:

1) in indemnification and (or) as penalty (penalty, penalty fee) owing to non-execution, delay of execution or other improper execution of the obligation provided with mortgage or agreement obligations of mortgage;

2) in the form of the percent for unauthorized use by others money provided by the obligation provided with mortgage or the law of the state;

3) in compensation of legal costs and other expenses in connection with non-execution or improper execution of secured liability and (or) the address of collection on pledged property;

4) in expense recovery on realization of pledged property.

2. In cases when the pawnbroker in accordance with the terms of the agreement of mortgage or owing to need to ensure safety of the property pledged under this agreement is forced to incur expenses on its content or protection or on debt repayment of the pledger on the taxes connected with this property, charges or utility payments, compensation is provided to the pawnbroker of such necessary expenses due to pledged property.

3. If the agreement does not provide other, the mortgage provides requirements of the pawnbroker in that amount what they have by the time of their satisfaction at the expense of the cost of pledged property.

4. If in the agreement of mortgage the total firm amount of the requirements of the pawnbroker provided with mortgage is specified, obligations of the debtor to the pawnbroker in the part exceeding this amount are not considered provided with mortgage, except for the requirements based on subitems 3 and 4 of Item 1 or Item 2 of this Article.

Article 5. Mortgage subject

1. If other is not established by the law of the state, immovable things, the property right to which is registered in accordance with the established procedure, or shares in the property right to such immovable things, and also the right of lease of immovable thing registered in the procedure established by the law of the state, and right to claim under agreements of participation in shared-equity construction of real estate objects, can be subject of mortgage.

2. By the law of the state features of mortgage sea and aircrafts, inland navigation vessels, space objects and other objects which are not immovable by the nature, but carried by the legislator to the real estate can be provided.

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