Issues of classification of pledge in civil legislation of Azerbaijan, Kazakhstan and Ukraine
Journal Title: Юридические науки и образование - Year 2017, Vol 50, Issue 50
Abstract
: Classification of types of collateral is important both theoretical and practical significance. It is proposed to classify the pledge according to the following criteria: a) on the grounds of the origin of the pledge - contractual pledge, normative pledge, pledge on the basis of a court decision; b) for the right to own the mortgaged property - hock and mortgage; c) for the subject of pledge - pledge of movable property (mortgage, pledge of securities, pledge of goods in circulation and processing, pledge of property rights, mortgage of movable property), pledge of real estate (mortgage). Undoubtedly, these criteria are not the only ones possible for the type classification of collateral, however, in connection with the lack of a single criterion for classification (and this is confirmed by the analysis of the scientific literature), they most fully determine the essential properties of the pledge.
Authors and Affiliations
Elchin Usub
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