Since the time of the decision of the foreclosure of the mortgaged property not perform the 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 currently there are no violations or non-recognition of the rights and challenging Freedoms mortgagee or the new owner regarding the release of these premises to residents in understanding the requirements of Art. 3 Code of Civil Procedure of Ukraine concerning the individual's right to appeal to the courts for protection. Price subject mortgage is set in the contract. If in a case of this assessment agree that the court had no reason it does not take into account, since it is a condition of contract. If the parties arises dispute regarding the assessment, depending on which side its challenges, it must on the contents of Part 3. 10 CPC of Ukraine to bring another of its size, in particular the application for the appointment and conduct appropriate forensics.
Encumbrance of movable property is registered in the State Register in the manner prescribed by this Law (Article 11). The plaintiff, who goes to court to pay penalty for security burden, shall, before the filing of appropriate action in the court to notify in writing all burdensome, for whom established registered encumbrance of the same movable property to start judicial proceedings in the case of foreclosure on the security burdens (v. 25). However, to challenge credit agreements or agreements of guarantee the other spouse, courts should consider following. The provisions of Art.
65 UK Ukraine on the order of disposition of property, which is the object of joint ownership of spouses, regulate the relations regarding the disposition of property, namely, located in the common property of spouses, and do not relate to the rights of one spouse to obtain a loan because the loan agreement is a transaction to obtain the ownership of money and does not create responsibilities to the other spouse, but only to the borrower, as part of the contract (part 1 of article. 1054 Civil Code of Ukraine). Concerning a contract of guarantee, according to Article 553 CC of Ukraine, assigned to the guarantor to the creditor of the debtor for with his or her duties. The guarantor is responsible to the creditor for breach of an obligation by the debtor. Thus, the guarantee is a way to ensure the fulfillment of an obligation (usually money) and not deal on disposal of property, due to the surety, guarantee agreement does not create a duty for all persons other than parties to the contract, and therefore data for legal norms of Art. 65 UK Ukraine does not apply. It is not a disposal of the property of the spouses and the contract of pledge (mortgage). Information provided by the lawyer and the lawyer