Future of the Euromortgage conceptPart 1: Solutions in selected European countries
Since the 1960s, there has been discussion regarding the introduction of a flexible real estate pledge law in Europe that could serve to ensure security above all for cross-border loans. Although this issue is not currently undergoing detailed analysis, due to a number of significant changes in vari...
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| Format: | Article |
| Language: | English |
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MINISTERSTWO SPRAWIEDLIWOŚCI (Ministry of Justice POLAND)
2023-03-01
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| Series: | Nieruchomości@ |
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| Online Access: | http://kwartalniknieruchomosci.ms.gov.pl/gicid/01.3001.0016.3036 |
| _version_ | 1797852523577475072 |
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| author | Kamil Zaradkiewicz |
| author_facet | Kamil Zaradkiewicz |
| author_sort | Kamil Zaradkiewicz |
| collection | DOAJ |
| description | Since the 1960s, there has been discussion regarding the introduction of a flexible real estate pledge law in Europe that could serve to ensure security above all for cross-border loans. Although this issue is not currently undergoing detailed analysis, due to a number of significant changes in variousEuropean legislations, including in Polish law, anticipating new solutions in mortgage law, it is worth considering anew whether they and which ones might constitute a possible model for future security in rem in European Union law. The first section of the article outlines the historical background of solutions breaking with the Roman model of accessory pledge rights, and presents a few selected modern mortgage systems, in which there has been a significant departure from the principle of pendency of collateral security on real estate above all the German, Slovenia, Swiss, French, Estonian and Hungarian systems. Slovenian practice may be taken as an example of solutions that have not worked out in practice due to abuses related to the establishing of a non-accessory pledge right to the detriment of creditors seeking the satisfaction of other debts from the property of the owner of the encumbered property. |
| first_indexed | 2024-04-09T19:35:46Z |
| format | Article |
| id | doaj.art-90eecf51b8db44a1915e238397ea9f6c |
| institution | Directory Open Access Journal |
| issn | 2657-8247 2719-8030 |
| language | English |
| last_indexed | 2024-04-09T19:35:46Z |
| publishDate | 2023-03-01 |
| publisher | MINISTERSTWO SPRAWIEDLIWOŚCI (Ministry of Justice POLAND) |
| record_format | Article |
| series | Nieruchomości@ |
| spelling | doaj.art-90eecf51b8db44a1915e238397ea9f6c2023-04-04T12:48:19ZengMINISTERSTWO SPRAWIEDLIWOŚCI (Ministry of Justice POLAND)Nieruchomości@2657-82472719-80302023-03-01II93210.5604/01.3001.0016.303601.3001.0016.3036Future of the Euromortgage conceptPart 1: Solutions in selected European countriesKamil Zaradkiewicz0Uniwersytet Warszawski wydział Prawa i Administracji Katedra Prawa CywilnegoSince the 1960s, there has been discussion regarding the introduction of a flexible real estate pledge law in Europe that could serve to ensure security above all for cross-border loans. Although this issue is not currently undergoing detailed analysis, due to a number of significant changes in variousEuropean legislations, including in Polish law, anticipating new solutions in mortgage law, it is worth considering anew whether they and which ones might constitute a possible model for future security in rem in European Union law. The first section of the article outlines the historical background of solutions breaking with the Roman model of accessory pledge rights, and presents a few selected modern mortgage systems, in which there has been a significant departure from the principle of pendency of collateral security on real estate above all the German, Slovenia, Swiss, French, Estonian and Hungarian systems. Slovenian practice may be taken as an example of solutions that have not worked out in practice due to abuses related to the establishing of a non-accessory pledge right to the detriment of creditors seeking the satisfaction of other debts from the property of the owner of the encumbered property.http://kwartalniknieruchomosci.ms.gov.pl/gicid/01.3001.0016.3036Euromortgagemortgageland debtsecurity in remaccessoriality |
| spellingShingle | Kamil Zaradkiewicz Future of the Euromortgage conceptPart 1: Solutions in selected European countries Nieruchomości@ Euromortgage mortgage land debt security in rem accessoriality |
| title | Future of the Euromortgage conceptPart 1: Solutions in selected European countries |
| title_full | Future of the Euromortgage conceptPart 1: Solutions in selected European countries |
| title_fullStr | Future of the Euromortgage conceptPart 1: Solutions in selected European countries |
| title_full_unstemmed | Future of the Euromortgage conceptPart 1: Solutions in selected European countries |
| title_short | Future of the Euromortgage conceptPart 1: Solutions in selected European countries |
| title_sort | future of the euromortgage conceptpart 1 solutions in selected european countries |
| topic | Euromortgage mortgage land debt security in rem accessoriality |
| url | http://kwartalniknieruchomosci.ms.gov.pl/gicid/01.3001.0016.3036 |
| work_keys_str_mv | AT kamilzaradkiewicz futureoftheeuromortgageconceptpart1solutionsinselectedeuropeancountries |