ミ湲ミオムムひーミスミーミコ ムミクミソミセムひオミコミオ
Abstract in English language: In order to define the concept of termination of mortgage, the elements of the concept of termination of mortgage were determined. The concept of the termination of the mortgage is viewed in relation to the termination of the legal basis for acquiring the mortgage, i.e. the termination of the legal basis for the origination of claims, as well as in relation to the termination of the mortgage legal relationship, i.e. the termination of the authority of the holder of the mortgage. The different legal effects of mortgage termination are emphasized, depending on whether the mortgage termination is categorized as substantive or formal that is, relative or absolute.The distinction made between the material legal reasons (grounds) for the termination of the mortgage, the material legal grounds for the termination of the claim and the formal legal act of the termination of the mortgage is necessary for understanding the ways that lead to the termination of the claim, and indirectly the termination of the mortgage. All cases of termination of the mortgage are processed from the aspect of their mutual connection, that is, their divergence. What is common to all cases of termination of a mortgage is that the mortgage formally terminates upon entry of deletion from the real estate register.There are different substantive legal grounds for terminating the mortgage, have been considered from the point of view of several different mortgages. Due to their specificities and in the field of how they terminate, property mortgage, simultaneous, mortgage to the highest amount, or mortgage on a building under construction were specially processed. The substantive legal factsthat lead to the termination of the mortgage are contained invarious legal documents that are eligible for the registration of the deletion of the mortgage from the corresponding real estate register. In domestic legal theory, cases of mortgage termination are divided into those that occur due to the termination of a secured claim, which is a consequence of understanding the mortgage as an accessory right, and cases of termination of the mortgage independent of the termination of the claim, which is a consequence of understanding the mortgage as a relatively independent right.Institutions that depart from the accessory nature of the mortgage in termination, and which are regulated by positive legislation through the institution of establishing a new mortgage, are the subject of special processing. The authorizations of the owner to dispose of a mortgage for which no deletion entry has been made, as well as the owner’s authorizations to enter a note of retention of order or entry of a preliminary note for a new mortgage are legally processed from the conceptual point of view, as well as from the aspect of determining their legal nature and legal effects, using legal dogmatic and comparative legal methods.As part of a comprehensive analysis of mortgage institutes, it was observed and confirmed that there are inconsistencies between the positive legal regulations regulating the termination of mortgages and the registration regulations regulating the registration procedure in the real estate cadastre. It was also concluded that there are deviations in practical application from the valid legal norms regulating the mortgage. The necessity of eliminating such inconsistencies by changing the regulations governing mortgages, ie the procedure for registration in the real estate register, was stated in order to protect and prevent further restrictions on civil subjective rights.
https://www.cris.uns.ac.rs/DownloadFileServlet/Disertacija167171003835986.pdf?controlNumber=(BISIS)