of June 20, 2008 No. 345-Z
About mortgage
Accepted by the House of Representatives on May 14, 2008
Approved by Council of the Republic on June 4, 2008
1. Mortgage - pledge of real estate (the parcels of land, capital structures (buildings, constructions), etc.) and other property equated by legal acts to immovable things.
2. Owing to mortgage the creditor according to the obligation provided with mortgage (pawnbroker) has the right in case of non-execution by the debtor of this obligation to have satisfaction from the cost of the property transferred to mortgage mainly before other creditors of person to whom belongs this property (pledger), except as specified, provided by legal acts.
3. The mortgage can arise from the agreement (mortgage owing to the agreement) or based on the legal act in case of approach of the circumstances specified in it if it is provided in the legal act what property and for what providing the obligation is recognized being in mortgage (mortgage owing to the legislation).
4. The rules established by this Law for mortgage owing to the agreement including concerning the mortgage, are applied to mortgage owing to the legislation if other is not established by legal acts.
1. The legislation on mortgage is based on the Constitution of the Republic of Belarus and consists of the Civil code of the Republic of Belarus, the Code of the Republic of Belarus about the earth, the Housing code of the Republic of Belarus, this Law and other acts of the legislation.
Features (other rules) of legal regulation in the sphere of mortgage can be established by the President of the Republic of Belarus.
2. Operation of this Law does not extend to mortgage of long-term plantings, air and ocean ships, inland navigation vessels, courts of swimming "river sea", space objects.
With mortgage obligations according to credit agreements, loan agreements, purchase and sale, lease, the contract and to other agreements, and also from damnification can be provided if other is not established by legal acts.
The mortgage provides requirements in that size what these requirements have by the time of satisfaction, including the amount of primary obligation, and also if other is not provided by the agreement, the percent, penalty, indemnification requirement caused by non-execution or improper execution.
1. If the pawnbroker in accordance with the terms of the agreement on mortgage or owing to need incurs expenses on debt repayment of the pledger on payments in the budget and (or) is provided to other obligatory payments connected with the property which is mortgage subject compensation to the pawnbroker of these necessary expenses by the pledger with mortgage of this property.
2. No. 54-Z is excluded according to the Law of the Republic of Belarus of 12.07.2013
3. If other is not provided by the agreement, the mortgage provides also expenses according to the address of claim to property, being mortgage subject, including expenses on realization of this property in case of the address of collection on it.
1. The real estate and other property equated by legal acts to immovable things including which will arrive to the pledger in the future and which at the time of the conclusion of the agreement on mortgage is not considered created according to the legislation, and in the cases established by the President of the Republic of Belarus – the real estate and other property equated by legal acts to immovable things which will arrive to the pledger in the future and which at the time of the conclusion of the agreement on mortgage is considered created according to the legislation (further – the property which is mortgage subject) can be subject of mortgage.
2. If other is not provided by the agreement on mortgage, the property which is mortgage subject is considered pledged together with accessories as a unit.
In case of mortgage of the company as property complex the right of pledge extends to all property which is part of property complex including the right to claim and exclusive rights including acquired in the period of mortgage if other is not provided by legal acts or the agreement on mortgage.
3. On received as a result of use of the property which is mortgage subject fruits, products and the income the right of pledge extends in the cases provided by the agreement on mortgage.
4. The property cannot be mortgage subject:
if on it according to the legislation on enforcement proceeding collection according to executive documents cannot be turned;
if it is acquired at the expense of external state loan (credit), before complete repayment of obligations on such loan (credit);
in other cases determined by legal acts.
Part of property which Section in nature is impossible without change of its appointment (indivisible thing) cannot be independent subject of mortgage.
5. The mortgage of the parcels of land, other property is allowed only so far as their turnover is allowed by legal acts.
Subsoil plots, water objects, the woods cannot be mortgage subject.
6. The property which is mortgage subject is not transferred to the pawnbroker.
1. The right to transfer the property which is in private property to mortgage belongs to his owner and if the property is transferred to the economic jurisdiction or operational management, – to person to whom the property belongs on the right of economic maintaining or operational management, with the consent of the owner of this property or person authorized by it.
The right to transfer the property which is in state-owned property to mortgage belongs to the owner and if the property is transferred to the economic jurisdiction or operational management, – to person to whom this property is assigned on the right of economic maintaining or operational management, according to the procedure, by the established legislation on the order state-owned property.
The owner has the right to give to mortgage the property fixed on the right of economic maintaining or operational management only after withdrawal of such property at person to whom this property is assigned on the right of economic maintaining or operational management.
In the cases provided by part one of this Item, Item 1 of Article 9, Items 3 and 4 of article 52 of this Law and other legal acts, the cession of property in mortgage is possible only after receipt of consent (decision) of persons determined by them and (or) state bodies.
The cession of property in mortgage is not allowed by person performing free use by this property.
2. Can be the pledger under the agreement on mortgage as the debtor on the primary obligation provided with mortgage and person who is not participating in this obligation (third party). At the same time the requirement of the creditor for the obligation provided with mortgage to the pledger - the third party is limited to the property which is mortgage subject if other is not established by the agreement of the parties or the legislation.
3. In case of legal succession, including according to the procedure of inheritance, the property which is mortgage subject, the mortgage remains. Transition of the rights and obligations to legal successors (heirs) of such property is performed according to Items 1 and 2 of article 26 of this Law.
1. The creditor according to the obligation provided with mortgage is pawnbroker under the agreement on mortgage providing execution of this obligation.
2. The banks conforming to the requirements determined by the President of the Republic of Belarus and also other organizations in the cases determined by legal acts can be pawnbrokers under the agreement on mortgage of the parcels of land.
3. In the cases determined by the legislation or the agreement on mortgage, the property which is mortgage subject can be in mortgage at several persons having concerning it the equal rights to receipt of satisfaction from the cost of this property (sozalogoderzhatel) in ensuring execution of different obligations according to which sozalogoderzhatel are independent creditors.
The rules established by Items 1 and 2 of this Article and Article 323-1 of the Civil code of the Republic of Belarus are applied to the relations between sozalogoderzhatel.
1. The property which is in joint property can be transferred to mortgage in the presence of the written consent to it of all owners.
2. The participant of equity property can pledge the share in the right of common property without the consent of other owners.
The share in the property right to real estate registered in the single state register of real estate, the rights to it and transactions with it can be pledged.
3. By transfer to mortgage of the isolated room in capital structure (the building, construction) (further - the isolated room) in which there was joint household, also the share of the pledger in the right of common property to common property of joint household at the same time as a deposit passes.
4. In case of the address of collection upon the demand of the pawnbroker on share in the right of common property in case of its sale rules of Articles 253 and 258 of the Civil code of the Republic of Belarus are applied.
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