What it is necessary to know about a mortgage? Part 2. The conclusion of the contract
the Contract on a mortgage (pledge of real estate) belongs to grazhdansko - to legal instruments and consists with observance of the general rules of the Civil code of the Russian Federation about the conclusion of the contracts regulating a commission order, a form, conditions of validity of the transaction, a consequence of recognition of the transaction invalid, an order of the conclusion of the contract etc. of
So, the contract the agreement of two or several persons on establishment, change or the termination of the civil rights and duties admits.
Contents of the contract on a mortgageto
As well as in any contract, have to be stated in the contract on a mortgage all essential conditions, otherwise, in case of their absence, it will be nullified. Essential terms of the contract about a mortgage are actually a mortgage subject , its assessment , a being , the size and the obligation date of performance provided with a mortgage.
Subject of the contract of a mortgage always is the real estate . So, it is necessary to specify to what kind of real estate it belongs (the land plot, the apartment, a house etc.). In that case if the real estate has the individual name, then it is also obligatory to the instruction (for example, " stadium; " Locomotive;) . At identification of the location of property its address is specified, and at its absence - the binding to a certain district becomes. Also in subject of the contract the real estate needs to be described, that is to specify distinctive signs: for example, the number of rooms in the apartment, the number of floors in the house etc. of
the Indispensable condition serves the instruction in the contract of the right on the basis of which the put real estate belongs to the depositor: property right or right of economic maintaining.
Before determination of total amount of money which the creditor is ready to provide to the depositor under the put property the object assessment is made. So, by the general rule the assessment of a subject of a mortgage is carried out by agreement of the parties.
The obligation provided with a mortgage with the indication of its sum, the basis of emergence and a date of performance is surely specified in the Contract, including if such execution is made in parts (frequency of the corresponding payments and their sizes is specified).
the State registration of the contractthe Contract of a mortgage is signed by
in writing and is among contracts which are subject to the state registration. The state registration of the rights for real estate and transactions with it is carried out by Federal registration service.
In case of absence in the contract at least of one of essential conditions, the contract is not subject to the state registration. And in the absence of the state registration such contract is nullified that attracts its negligibility.
Procedure of the state registration is regulated generally by the Act of the Russian Federation N 122 now - Federal Law of July 21, 1997 “ About the state registration of the rights for real estate and transactions with it “. Record about the state registration is entered in the Unified State Register of Rights on real estate and transactions with it. Date of the state registration of the rights is date of entering of the corresponding record into the specified register. Registration is carried out in the location of real estate within the registration district.
Emergence of a mortgage as encumbrances
the Moment from which the mortgaged property is considered burdened with a mortgage is the moment of the conclusion of the contract about a mortgage, and at a mortgage by law - the moment of the state registration of the right property on this property. the Warning of the rights of the third parties
the Depositor is obliged to notify by
in writing the pawnbroker on all rights of the third parties for the put property ( the rights of pledge, lifelong use, rent, easements and dr .).
If the specified requirement is not executed, then the pawnbroker has the right at the choice or to demand early execution of the main obligation, or change of terms of the contract.