ОБХВАЩА ЛИ ИПОТЕКАТА ВЪРХУ ЗЕМЯ И ВПОСЛЕДСТВИЕ ИЗГРАДЕНИТЕ ПОСТРОЙКИ?
DOES THE MORTGAGE ON LAND INCLUDE THE BUILDINGS
WHICH HAVE BEEN BUILT SUBSEQUENTLY?
Author(s): Dimitar Ivanov, Ivaylo VasilevSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Институт за държавата и правото - Българска академия на науките
Keywords: mortgage; legal nature of mortgage law; range of the mortgage law; accretion; specialization of the mortgage; action of registering the mortgage; superficies
Summary/Abstract: The article aims to place in the focus the debate about the range of the mortgage law regarding the buildings which have been built subsequently on the mortgaged land. In order to do so, the following questions were analysed: 1. what is the legal nature of mortgage law; 2. what is the applicable legal framework to it; 3. what is the range of the mortgage law in the hypotheses of acquisition of the building build by the mortgagor, by a superficiary, or by a third person; 4. what means of protection does the mortgage creditor have, regarding the suffered damages, manifested in depreciation of the mortgaged land.
Journal: Правна мисъл
- Issue Year: LVII/2016
- Issue No: 3
- Page Range: 39-63
- Page Count: 25
- Language: Bulgarian
- Content File-PDF
