The principles dominating the mortgage of immovable property
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Abstract (EN)
Mortgage of immovable property is a limited property right established on one or more immovable properties giving the creditor the right to claim for the redemption of the immovable property in case of the non-redemption of a debt. While it is aimed for getting loan due to the nature of the mortgage of immovable property, it also allows for the circulation of the value of the immovable property. Mortgage of immovable property is specified in the Articles between 850-938 of the Turkish Civil Code. The provisions between 850-800 of the Turkish Civil Code are the "General Provisions". In the Turkish Civil Code, provisions between 881-897 specify mortgage, provisions between 898-929 specify mortgaged debt bonds and annuity bonds and provisions between 930-938 specify bonds issued by showing the receivable secured with a mortgage of immovable property as a provision. The legislator has regulated mortgage of immovable property in details due to the coverage of the security it provides. These regulatory provisions are expressed in form of principles dominating the mortgage of immovable property. The principles dominating the mortgage of immovable property cover the principle of clarity and definiteness, the principle of being open to public, the principle of fixed degrees and the principle of guarantee.
Author
Hikmet Uğur Ünal
How to Cite
Hikmet Uğur Ünal (Master Thesis). The principles dominating the mortgage of immovable property, 2020, Çankaya University.
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