THE LEGAL STATUS OF THE MORTGAGE CREDITOR AND THE MORTGAGE DEBTOR
THE LEGAL STATUS OF THE MORTGAGE CREDITOR AND THE MORTGAGE DEBTOR

Summary/Abstract: This paper analyses the legal status of the mortgage creditor and the mortgage debtor in the legal system of the Republic of Macedonia, with reference to the provisions of the Act on Ownership and Other Real Rights, and more closely the provision of the Contractual Pledge Act (2003) The legal status of the mortgage debtor as a financially dependent party is observed with reference to the provisions of the Contractual Pledge, regulating the obligatory and non-obligatory content (permitted clauses) of the mortgage contract as well as the rights and duties of the mortgage creditor and the mortgage debtor, in light of their effect on the legal position of the debtor. The protection of the mortgage debtor in EU regulations is analyzed in light of the recent adoption of the Mortgage Credit Directive 2014/17/ EU on credit agreements for consumers relating to residential immovable property and the case law of the European Court of Justice.

• Details
• Contents