Establishment of the mortgage voluntarily

Mortgage is one of the most important types of collateral to secure the receivables. The mortgage can be established on immovable properties registered to the land registry. This process to be done in the deed should be based on an existing and valid legal reason in accordance with the rules of the deed registry system. The legal reason which is the basis of the mortgage can arise from the law or the will. For this reason, the mortgage arising from the law and voluntary mortgage is divided into two. Voluntary mortgage: can be established with a testament or inheritance agreement with respect to the deathrelated disposition of the inheritor, or with a contract to have consequences in health. If established by contract, there is a mortgage agreement between the parties. The most common one in terms of being the legal reason for the real estate pledge is the mortgage agreement. The valid establishment of the mortgage arising from the contract depends on the valid establishment of the mortgage contract. For this purpose, the mortgage agreement must carry objective basis elements, be made in accordance with the form of the law and the parties' license must be available. Apart from these, some subsidiary elements that are not an objective basis of the mortgage agreement may be agreed in the agreement. If the subsidiary elements agreed in the contract are essential for at least one of the parties and this is known to the other party, these elements will become subjectively based. In this case, subject based elements will be among the necessary elements for the valid establishment of the contract.vii The establishment of the mortgage agreement will not lead to the establishment of the mortgage. Because the mortgage agreement is a commitment to establish voluntary pledge. The performance of this commitment shall be ensured by the registration to the title deed. Therefore, the registration is the performance of the pledge agreement. In cases where the objective-based elements of the mortgage agreement are not included in the agreement, the parties are not qualified, the agreement will be void. Invalidity of the contract shall result in the invalid establishment of the pledge, which is a causal transaction, and corruption registration will be on the agenda.