Hukuki İşlemden Doğan Taşınmaz Rehni

Abstract

Security is an institution that expresses the rights that give the creditor the opportunity to apply to the assets of the principal debtor or a third party in case of non-performance of the principal debt. In this sense, securities are divided into two types as personal and real securities. The subject of the study is the immovable mortgage, which is a subtype of real securities, and the immovable mortgage arising from legal transactions in particular. The immovable mortgage, which is examined under the title of real securities, is regulated as hypothec, mortgage certificate and land charge note in the Turkish Civil Code. On the other hand, the practice of immovable mortgage in our country has consisted of hypothec, as it is much more well-known and is thought to provide easier and more effective protection compared to mortgage certificate and land charge note. In the study, the immovable mortgage arising from a legal transaction whose legal reason is a mortgage agreement (hypothec contract) has been discussed in detail, without examining the immovable mortgage arising from the law. In this context, after the basic principles of the security and the comparison of the immovable mortgage with the other types of real securities are given place, the immovable mortgage arising from legal transactions, the basic principles and the types of immovable mortgage are discussed. In the study, the establishment and the acquisition of immovable mortgage arising from legal transactions, the termination of immovable mortgage and especially the foreclosure of hypothec were broadly examined.