CẦM CỐ BẤT ĐỘNG SẢN ĐỂ BẢO ĐẢM THỰC HIỆN HỢP ĐỒNG

Abstract

Pledging real estate to ensure the performance of obligations is stipulated in the 2015 Civil Code (Civil Code 2015). However, specialized laws such as the Land Law and Housing Law do not have specific regulations on allowing real estate mortgages to ensure the performance of contracts in general and commercial contracts in particular. In commercial activities, including real estate assets in secured transactions to ensure contract performance is a regular and useful activity for an enterprise's business activities. Although the Civil Code stipulates that real estate can be mortgaged, specialized laws do not have any regulations. Therefore, several mortgage transactions have been and are being performed that are at risk of being declared invalid. On the other hand, in handling mortgaged assets, although there has been an agreement, for many reasons, the mortgagor refuses to hand over the assets for processing, causing businesses to face many difficulties. Enterprises cannot use real estate mortgages as a measure to ensure the performance of obligations due to the "contrast" between the Civil Code and specialized laws. This article focuses on analyzing the current law on pledging real estate to ensure the performance of obligations to propose several solutions that contribute to improving the law on security measures and contribute to solve problems of current problems.