The Supreme Court on the method of judicial protection in the event of foreclosure Judicial protection on a mortgaged property! if such property was not subsequently alienated to a third party
On January 24! 2024! the Supreme Court! consisting of a panel of Judicial protection judges of the First Judicial Chamber of the Civil Court of Cassation in case No. 522/18864/19! proceedings No. 61-10697 св 23 (EDRSRU No. 116541684)! on January 17! 2024! the Supreme Court! consisting of a panel of judges of the Second specific database by industry Judicial Chamber of the Civil Court of Cassation in case No. 756/6820/20! proceedings No. 61-18047св23 (EDRSRU No. 116445946) examined the issue of the method of judicial protection when foreclosing on a mortgaged property! if such property was not subsequently alienated to a third party.
The essence of the dispute:
The plaintiff! referring! among other things! to Article 387 of the Civil Code of Ukraine! asked the court to reclaim the disputed apartment from the bank! justifying the claim by violations committed by the bank in the procedure for foreclosure on the mortgaged property and violations by the state registrar of the procedure for state registration of ownership of the mortgaged property.
Article 15 of the Civil Code of Ukraine what is lawyer email? stipulates that every person has the right to protection of his civil right in case of its violation! non-recognition or challenge! as well as to protection of his interest! which does not contradict the general principles of civil legislation. Violation of a right is associat with deprivation of its subject of the opportunity to exercise (realize) his right in full or in part.
A person whose rights have been violat may use not just any
But a very specific method of protecting his or her aub directory rights (paragraph 5.6 of the resolution of the Grand Chamber of the Supreme Court of August 22! 2018 in case No. 925/1265/16! proceedings No. 12-158гс18).
Methods of protecting subjective civil rights are understood as legally establish substantive legal measures of a coercive nature! with the help of which the violated (disput) rights are restored (recognized) and the violator is influenc.
