Yüksek LisansAçık Erişim

The termination of mortgage right

2019
0 görüntülenme
0 i̇ndirme
Danışman: Dr. Öğr. Üyesi Mustafa Cahit Günel

Özet (EN)

In this study, the main features, types, establishment, termination conditions and the results of the termination of mortgage right, which is a limited real right, are examined. In the first chapter of the study, the concept of mortgage and the properties of mortgage are explained in general. The concept and the basic attributes of mortgage are explained. Afterwards, subject of mortgage, its scope, and types of mortgage and establishment of mortgage are discussed in detail and broadly in terms of importance within the subject of thesis. The powers of mortgage creditor before foreclosure stage and during the stage along with the powers of mortgage borrower are elaborated.. In the second chapter, the explanations regarding conditions of mortgage termination are stated. Explanations regarding termination of the mortgage due to termination of the receivable under guarantee, cancellation of the registration, destruction or expropriation of immovable property subject to mortgage are given. Due to unpaid mortgage receivables, the foreclosure through the authority of enforcement that leads to termination of mortgage is stated in the study. In the third and last chapter, explanations regarding legal consequences and provisions of the termination of the mortgage are given in detail. In the whole study, the related legal regulations, the studies in the doctrine and the decisions of the Supreme Court have been tried to be utilized.

Yazar

Dr. Bengisu Özel

Bu Yayına Nasıl Atıf Yapılır

Bengisu Özel (Master Thesis). The termination of mortgage right, 2019, İstanbul University.

Lisans

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