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Tuesday, April 16, 2013

Subject and Object Mortgage Naval

There are two parties involved in the agreement of loading a ship mortgage, the mortgage provider (Hypotheekgever) and receiving the mortgage. Giver as mortgages are those that provide a guarantee of property rights / zakelijke recht (mortgage), the object is not moving, they usually hold a bonded debt on the mortgage, but the mortgage at the expense of third parties. Recipients mortgage also called hypotheek bank, hypotheekhouder or hypotheeknemer. Hypothekhouder or hypotheeknemer, the party that receives the mortgage, the lender money under a mortgage bond. Usually this is receiving mortgage banking institutions and non-bank financial institutions. 
Hypotheekbank is a credit institution with land collateral, which banks lend money to specific immovable, ships, airplanes and in terms of issuing mortgage securities. Mortgage objects governed by Article 1164 Civil Code. Mortgage objects are: 
1. Immovable objects that can be transferable and all equipment.2. Usufruct of such objects along with all the equipment.3. Coral passenger rights and operating rights4. Topsoil, whether paid with cash or paid with the produce of the land.5. Interest as before.6. markets recognized by the government, along with the original rights are attached to it. 
That included immovable objects is the right to land, ships and airplanes. Land rights consist of property, HGB and HGU. Since the entry into force of Law no. 4/1996 of the Mortgage, the mortgage on the land to be no longer valid, but are used in the loading-loading of the land is the mortgage. While the object is not moving, such as ships continue to apply the provisions of the mortgage as provided in book II of the Criminal Code. 20 m3 marine vessel size, whereas under the applicable provisions of the fiduciary.  
Objects that can not be burdened with a mortgage are:
1. Moving objects;2. Objects of minors;3. The objects of the people who are under guardianship;4. Objects from people who do not attend for mastery over the objects can only be granted for a while.


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