LAND LEGAL RELATIONS: PECULIARITIES OF PLEDGE OF LAND PLOTS

Abstract

The article is devoted to the issue of the peculiarities of contractual legal relations in the mortgage of land plots, determining the scope of regulation of these relations on the basis of current legislation and scientific positions. The content of the mortgage of a land plot is analyzed as a restriction of the mortgagor's ownership right to the land plot, which is established on the basis of a contract or by virtue of law, and consists in prohibiting the landowner from exercising the authority to dispose of the land plot without the consent of the mortgagee (i.e., the landowner's obligation is to obtain the consent of the mortgagee to exercise the right to dispose of the land plot), due to the need to protect the property interests of the mortgagee. The mortgage of a land plot is an encumbrance of the land plot with the right of the mortgagee to satisfy his property claims regarding the sale price of the land plot in the event of the debtor's failure to fulfill the main obligation. It has been determined that legal relations arising in connection with the transfer of a land plot as a pledge are not, by their legal nature, land legal relations, which, in order to achieve the greatest efficiency of legal regulation, can be regulated mainly by the methods of land law as an independent branch of law. The conclusion of the pledge agreement itself, and subsequent compliance with its terms, and most of its requirements, are predominantly civil in nature. Thus, in the conditions of the establishment of private ownership of land, the rapid development of market land relations, land has become a valuable capital (goods), which over time not only does not lose its value, but on the contrary, can significantly increase in price depending on its location, functional purpose, infrastructure development, improvement of the territory, etc.