Противопоставимо ли е на ипотекарния кредитор решение, с което са отречени правата на ипотекарния длъжник
Can a judgment denying the mortgagee’s rights be enforced against the mortgage creditor

Summary/Abstract: The article addresses the impact on a mortgage creditor when a court denies the rights of the mortgage debtor on the property under mortgage. It begins by exploring the historical and comparative legal context of property transfer through conveyance agreements. The paper then argues that the statutory regulation of mortgages in Bulgaria makes it impossible in mortgage deeds to separate the proprietary effect. It emphasizes that the question of ownership precedes the validity of the mortgage at a procedural level, and when there is a final judgment on the ownership issue, the court must respect it. The text also explains that the rights of the mortgagee are often denied by a judgment in a lawsuit involving the mortgagor. To address this problem, the article considers various hypotheses regarding the effect of the entry of the claim, which, when granted, denies the rights of the mortgagee in the lawsuit.

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