Pavlova Irina Yurievna, Smirnova Ulyana Sergeevna

Some aspects of the application of norms in the field of mortgages by virtue of the contract are considered: the interpretation of paragraph 1 of Article 78 of the Federal Law «On Mortgage (Pledge of Real Estate)», the problem of eviction of citizens living with the mortgagor, the legal meaning of the purpose of the loan during foreclosure on property. The article analyzes the possibility of securing the debtor’s non-property obligations with a mortgage, the risks of the mortgagee when issuing a loan (credit) amount. It has been established that regulation of both targeted and non-targeted loans secured by the pledge of housing owned by citizens is of great importance. Thanks to the analysis of the current judicial practice, it was noted that at the moment the courts do not make the decision on the foreclosure of property dependent on the intended purpose of the loan (loan); however, exactly the purpose of the loan is taken into account by the court when deciding on the eviction of the mortgagor and the persons living with him. It has been established that at this stage in the development of civil law relations, the issue of protecting the rights of citizens, including minors, who risk losing their only habitable living quarters, arises.

mortgage under contract, credit, purpose, mortgagor, mortgagee, bank, foreclosure, single home

Pavlova Irina Yurevna – Candidate of Juridical Sciences, Associate Professor of Civil Law Department, Kutafin Moscow State Law University (MSAL) (9, Sadovaya-Kudrunskaya st., Moscow, 125993, Russian Federation), e-mail: iyuilina@msal.ru

Smirnova Uliana Sergeevna – Undergraduate Student, Business Law Institute of the Kutafin Moscow State Law University (MSAL) (9, Sadovaya-Kudrunskaya st., Moscow, 125993, Russian Federation), e-mail: Ylianasmir@mail.ru

Pavlova I.YU., Smirnova U.S. Otdel'nye voprosy praktiki primeneniya norm ob ipoteke v silu dogovora [Certain Issues of the Practice of Applying the Rules on Mortgages under the Contract] Sibirskij yuridicheskij vestnik [Siberian Law Herald]. 2021, no 2(93), pp. 42–47. DOI 10.26516/2071-8136.2021.2.42. (in Russian).

347.27.01

TRYXOW

1. Bogatkov S.A. Ipoteka v silu zakona [Mortgage by virtue of law]. Con- sultantPlus, 2020. (in Russian)

2. Galkin G.P. Zashchita prav grazhdanina pri obrashchenii vzyskaniya na zalozhennoe zhiloe pomeshchenie [Protection of the rights of a citizens when levying execution on a mortgaged dwelling]. Moscow, Statut, 2019, 328 p. (in Russian)

3. Ganeev R.Sh., Dekatov E.A. Shagi k vnedreniyu i dal'neyshie pers- pektivy zhilishchnykh stroitel'nykh sberezheniy v Respublike Bashkortostan

[Steps towards implementation and further prospects of housing construction savings in the Republic of Bashkortostan]. Finansy Bashkortostana [Finance Bashkortostan], 2014, no. 1, p. 72-77. (in Russian)

4. Ilinskiy D.G., Pechenskaya M.A. Regionalnye zhilishchnye stroitelnye sberezheniya kak instrument povysheniya dostupnosti zhilya dlya nasele- niya [Regional housing construction savings as a tool to increase housing affordability for the population]. Ekonomicheskie i sotsialnyeperemeny:fakty, tendentsii, prognoz [Economic and social changes: facts, trends, forecast], 2017, no. 6, p. 192-206. (in Russian)

5. Plastinina N. Minusy ipoteki v silu dogovora [Cons of a mortgage by virtue of the contract]. Zhilishchnoe pravo [Housing law], 2015, no. 12, p. 101-111. (in Russian)