www.ciela.net
Author
Assoc. Prof. Biserka Marinova, PhD
Annotation
The study focused on relationships occurring in securing pecuniary obligation by transferring ownership of real estate. Justified is the thesis of void contract of the legal basis of Art. 26, para. 1 - contrary to law /peremptory norm of Art. 152 of the Law on Obligations and Contracts, prohibiting agreeing collateral other than statutory/ as different from the specific text for nullity due to appearance - legal basis Art. 26, para. 2 of the Law on Obligations and Contracts. Many different schemes of legal relations are examined: a preliminary contract and loan agreement, loan agreement and power of attorney for sale, loan contract and direct sale. Analyzed are remedies of the debtor depending on the type of the claim and his legal status /defendant in an action for declaring a preliminary agreement for final under Art. 19, para. 3 of the Law on Obligations and Contracts/ or claimant /action for declaring the nullity of secured transactions/. Place is reserved for the common clause for repurchase. Traced are the rights of third parties - transferee that had acquired the property from the seller-lender, and creditor of the debtor under a void disposition transaction to enter into his rights under Art. 134 of the Law on Obligations and Contracts. All arguments are supported by compulsory practice of the Supreme Court of Cassation under Art. 290 of the Civil Procedure Code and references to legal theory have been made.
Keywords
security, voidance, lender, debtor, real estate, redemption, third parties.
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