Problem of protecting the pledgees' interests of the from the pledgors' actions, which resulted in reducing the value of the mortged property on a mortgage agreement in the Russian Empire in the second half of the XIX century - of the XX century

Purpose. The purpous of the article is to study the problem of ensuring the safety of real estate pledged under a mortgage agreement, which was insufficiently regulated by the civil legislation of the Russian Empire of the XIX - early XX centuries. Methodology. The methodological basis of the work are the principles of research - historicism, objectivity, interconnection and interdependence of state and legal phenomena; in addition, such general scientific methods as analysis, deduction, comparison, as well as special methods of legal science - a comparative legal method and a concrete historical approach were used in the work. Conclusions. The conducted research allows drawing a conclusion that Russian legislation at the 19th and early 20th centuries did not sufficiently take into account the risks that pledge holders faced when concluding a mortgage agreement. This was especially true of the problem of ensuring the safety of mortgaged property. As the judicial practice of this period shows, the mortgagors sometimes committed actions that led to a decrease in the value of the mortgaged property, thereby causing significant damage to the property interests of the mortgagees. This problem was especially acute when mortgages were collected, property was sold at public auction, and the proceeds from the sale of estates did not fully cover the mortgagor's debt. Gaps in the legislation in the area of regulation of mortgage relations were to some extent offset by the judicial practice of the Civil Cassation Department of the Governing Senate of the Russian Empire, which allowed not only to accumulate considerable experience in resolving such cases, but also to determine further way to improve Russian legislation at the XIX - beginning of the XX centuries. Practical significance. Since the problem of ensuring the safety of property that serves as collateral for a loan agreement is still relevant today, the study of pre-revolutionary experience in this area is of both scientific and practical interest. Conclusions about the historical experience of solving the problem of ensuring the safety of mortgaged real estate can be used for teaching legal disciplines, as well as in the direction of improving modern Russian legislation and judicial practice in the field of regulation of mortgage relations.

Mortgage, hypothec, mortgagor, mortgagee, Civil Department of the Governing Senate of the Russian Empire, mortgage, property relations, legal obligations