| Abstract [eng] |
This work analyzes the features and specifics of enterprise mortgage, as the widest form of commercial charge, provides an overview of the prevalence of enterprise mortgage and its functional equivalents in different jurisdictions and the history of enterprise mortgage development. Shortcomings and advantages of enterprise mortgage, the methods used to compensate for the shortcomings of enterprise mortgage in different jurisdiction are well-researched. It is examined whether the enterprise mortgage, as the charge of the whole property of a commercial entity in favor of one creditor with absolute priority, complies with the principles of modern law on secured transactions law; what set of features constitutes the content of enterprise mortgage in the modern law on secured transactions. The impact of an enterprise mortgage on the ability of other creditors of mortgagor to meet their claims in recovery and insolvency proceedings is analyzed. In this thesis the features of enterprise mortgage established in the national law are also examined, the place of enterprise mortgage in the system of commercial charge instruments is identified, the compliance of enterprise mortgage with the principles of modern law on secured transactions is assessed. The possibilities of the reception in the national law of the mechanisms applied in other jurisdictions to compensate for the shortcomings of the enterprise are explored, measures for the more effective application of the enterprise mortgage are offered. |
