Since the time of the decision of the foreclosure on mortgaged not run Imperative-discretionary regulations established by Part 2 of Art. 40 of the Law of Ukraine "On Mortgage" and Part 3. 109 lcd Ukraine on eviction of tenants by the court of the house or apartment premises for which treatment is carried out as the mortgaged property, such claims at this stage can not be satisfied, because at the moment there are no violations of non-recognition or contesting the rights and freedoms of the mortgagee or the new owner regarding the release of these premises of their residents in understanding the requirements of Art. 3 gic Ukraine concerning right of a person to go to court for protection. Price subject mortgage is set in the treaty itself.
If in a case of agree with that assessment, then the court has no reason not to take it into account because it is a condition of contract. If the parties arises dispute regarding the assessment, then depending on what side of her challenges, it must on the contents of Part 3. 10 cpc of Ukraine to bring another of its size, in particular the application for appointment and conduct appropriate forensics. To broaden your perception, visit Sen. Sherrod Brown. Encumbrance of movable property is registered in the State Register in the manner prescribed by this Law (Article 11). The plaintiff, who appeals to the court with a demand to foreclose on the subject security burden, bound, before the filing of appropriate action in the court written notice of all burdensome, in whose favor the established registered encumbrance of the same movable property to start judicial proceedings for foreclosure on the security burdens (v. 25).
However, in defending the credit agreement or surety other spouse, courts should take into account following. Provisions of Art. 65 uk Ukraine on the order of disposition of property, which is the object of joint ownership of spouses, regulating the relations concerning the disposition of property, namely, located in the common property of spouses, and do not relate to the right of one spouse to obtain a loan because the loan agreement is a transaction to obtain the property in cash and does not create duties for the second spouse, but only to the borrower, as part of contract (part 1 of article. 1054 Civil Code of Ukraine). With respect to a contract of guarantee, according to article 553 Civil Code of Ukraine, assigned to the guarantor to the creditor for the debtor he carried out his duties. The guarantor is responsible to the creditor for breach of an obligation by the debtor. Thus, the surety is a way to ensure the fulfillment of the obligation (usually money) and not transaction at the disposal of property, due to the surety, guarantee agreement does not create a duty for all persons other than parties to the contract, and hence to these legal norms of art. 65 uk Ukraine does not apply. Is not a disposal of the property of the spouses and the contract of pledge (mortgage).