Protection of the Rights of Participants in Mortgage Legal Relations in the Law of Germany

Abstract

Relevance. For many years in the Russian Federation there has been a steady growth in mortgage lending, which makes it especially important to find ways to improve the legal regulation of mortgage legal relations on the basis of analysis of domestic and foreign experience in this area. Mortgage lending is the most important source of funds for purchasing real estate by citizens of the Russian Federation and foreign countries. In this connection, legal regulation of relations connected with such lending requires continuous development based on a balanced consideration of the interests of debtors and creditors as participants in mortgage legal relations. The analysis of foreign experience in the regulation of mortgage legal relations, including the experience accumulated and fixed in the German legislation, is most important for the solution of this problem. The purpose of the study is to develop theoretical provisions aimed at improving the legal regulation of mortgage legal relations in order to protect the rights of their participants. Objectives: to reveal features of legal regulation of relations connected with granting mortgage loans and pro-tection of rights of their recipients in German legislation; to investigate features of providing balance of interests of mortgage debtors and creditors in German legislation; to determine directions of further development of legal regulation of the considered questions. Methodology. The author relied on the dialectical-materialistic method, the systematic method, methods of analysis and synthesis, the formal-legal method. The results of the research are are of theoretical and applied nature and are aimed at improving the quality of legal regulation of civil relations. Conclusions. The conclusions made in the article are of debatable character, directed to the continuation of researches within the framework of the declared subject, directed to the development of the basic principles allowing uniformly to solve the problems connected with development of legal regulation of questions of mortgage crediting in the Russian Federation taking into account foreign experience. The article is a continuation of the author's research on the issues related to the legal regulation of mortgage lending in the Russian Federation and abroad.