POSITION OF THE MORTGAGEE IN THE EXECUTION PROCEDURE

Abstract

The modern economy is unthinkable without the mortgage institute. A mortgage is the most important real legal means of securing claims and a means of capital mobilization. Only after the comprehensive reform of real law in the Republic of Srpska did the legislator regulate this significant institution of civil law in detail. However, both in our country and in the world, it happens that claims secured by mortgages are not properly returned, and mortgage creditors have to request through the courts the protection of their rights, that is, settlement from the value of the mortgage object. Although it seems that mortgage creditors are fully protected, especially after the introduction of mandatory notarial processing of all documents related to the transfer of real estate, in parks we are witnessing various problems regarding the settlement of mortgage creditors.