Recognition Of A Mortgage Agreement Invalid: Short Stories Of Judicial Practice

  • L.V. Sishchuk
Keywords: mortgage contract, grounds of invalidity of the transaction, consent of the spouses, ownership, joint ownership, real estate, mortgage


The article analyzes the legislative provisions concerning the transactions concerning the disposal of property that is the object of the joint vested rights of the spouses. The reasons for termination of the mortgage agreement are outlined and the judicial positions regarding the recognition of the mortgage agreement are invalid. The specifics of the subject of the mortgage agreement are specified, which affects the order of its conclusion and invalidation. It is proved that granting the consent of the second spouse to the conclusion of the mortgage agreement on the joint property of the spouse is considered to be granted if the consent is stated in writing and notarized. Otherwise, the mortgage agreement is invalid.