THE RIGHT TO MORTGAGE IN THE LIGHT OF EUROPEAN CIVIL CODES

Abstract

The most recent history of the development of the institution of mortgage began
with the great modifications of the nineteenth century. The large codification
activity realized through civil codes, such as the French Civil Code, the General
Austrian Property Code, the German Civil Code, and the Swiss Civil Code, was
undertaken with the aim of realizing the important reforms in the field of civil law.
Within these codifications, the civil law is freed from feudal elements and takes the
seal of the bourgeois civil law, the stratum law, which, regardless of the economic
and political particularism, strengthened its positions in power through the triumph
of the market economy. The article aims at throwing some light over the institution
of mortgage, namely its position in European civil codes, including its notion, types,
subject matter, establishment manner, functioning and its termination, as well as
answer questions dealing with how mortgage is regulated and treated in bourgeois
civil codes, along with similarities and differences that exist in this respect among
the codes in question. In our attempts to encompass the dimensions of the institution
of mortgage and to establish the framework upon which it has been created, the
research will extend in time and space, by presenting theoretical and legislative
references from the comparative viewpoint.