HUMANITARIAN RESEARCHES

Journal of fundamental and applied researches

LAW ENFORCEMENT PRACTICE OF RECOVERY OF PENALTY ON THE CHARGED PROPERTY

2014. №4, pp. 132-137

Gardashova Sevindzh Alashraf-kyzy - postgraduate student, Astrakhan State University, 41056, Russia, Astrakhan, 20a Tatishev st., sgardashova@bk.ru

High price increase on the immovable property does not allow ordinary public to rely on a private accumulation of the monetary resources. In this situation the way out is the use of the mortgage lending system, which is relatively a short time ago, however, on a large scale, began its implementation in Russia. In the case of non-performance or improper performance of obligationsby a debtor when the latter is not relieved of liability for such failure, the mortgagee has the right to distrain on the charged property and to satisfy the claims on the debtor due to the implementation of the property. Law on mortgage allows the distrainment by the mortgagee on the mortgaged house or apartment, even for minor infractions, and termination of the right of use of the mortgagor or any person living in the house or apartment, including disabled and young members of the familyof the dwellingowner. The distrainmenton the dwelling is possible both in a judicial procedure and in a not judicial procedure.

Key words: залоговое право, наложение взыскания, залог имущества, ипотека, залогодержатель, должник, возмещение убытков и неустойки, кредиторы, charge, recovery of penalty, charge of property, mortgage, mortgagee, debtor, loss indemnity, mortgagee

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