| Abstract [eng] |
The purpose of this master thesis is to carry out analysis of valid regulation of mortgage and pledge and to make an evaluation of the ongoing reform that has been started in 2007. The first part of thesis presents an analysis on the legal nature of the mortgage and pledge. Further there is examined the current regulation of mortgage and pledge formed by earlier reforms. Also there is considered innovations of operation over movable and immovable property. The second part is devoted to reveal the imperfection of current legal regulation of mortgage and pledge that are related to the elements of the institutional framework, the value of the legal registration procedure. The problems of regulatory issues on mortgage and pledge are also considered. The problems of enterprise mortgage are examined separately. The third section analyses draft legislation and enacted laws that still have not came into force. Firstly, there is considered the objectives formed in the Framework on Development of the Mortgage Register which was approved by the Government of the Republic of Lithuania. Then the proposal to refuse the mortgage and pledge bonds, the model of legal registration and the form of transaction are analyzed. Further, an analysis on enterprise mortgage and property complexes and the suggested model to levy an execution is presented. Finally, the end of this master thesis is summarized by conclusions and potential problems that may arise. |
