Photo of lorina200215
26.06.2023 17:18

The first thing you should pay attention to is the reputation and reliability of the company, convenience and profitability of the offered products, speed and availability of services.

Before the war, it was possible to check the validity of a financial institution's license on the NBU website. Unfortunately, in connection with the introduction of martial law in Ukraine, this service still functions with limitations.

It is important to read all the terms of the credit (mortgage) agreement and evaluate the financial company, taking into account all its pros and cons. In particular, these are payments for loan servicing services, additional commissions, fines for late payment, payments for additional services, etc.

Make sure that the creditor, if necessary, will come to your meeting and help solve problems (in today's conditions, this is very relevant).

26.06.2023 16:43

On October 10, 2013, the State Mortgage Institution approved the requirements for mortgage loans. These Requirements for mortgage loans are designed to ensure the fulfillment of the statutory tasks of the State Mortgage Institution. The requirements determine the conditions to which the mortgage loan provided by the primary creditor must meet, in order for the Institution to acquire claim rights under such a loan (implementation of a refinancing operation).

You can familiarize yourself with these Requirements in detail here: https://zakon.rada.gov.ua/rada/show/v0002534-13#Text

26.06.2023 16:38

On February 24, 2022, a number of changes were made to the Civil Code of Ukraine, the Law of Ukraine "On Mortgage" and "On Consumer Lending".

According to these changes, debtors are not charged a late payment penalty. Some banks offer credit holidays (deferral of payments without charging additional interest or penalty).

On February 20, 2023, the Chamber of Commerce and Industry defined a full-scale invasion of Russia into Ukraine as a force majeure circumstance. A force majeure circumstance temporarily gives the right not to fulfill the terms of a credit or mortgage agreement. That is, the client or borrower may not fulfill the terms of the contract and has the right not to pay his obligations.

26.06.2023 16:33

Here there is a counter-concept such as "sale of mortgaged real estate". Based on this, it is almost impossible to sell mortgage real estate (apartment). Therefore, it is also impossible to buy real estate with a mortgage.

In Ukraine, it is extremely rare to undertake the sale of a mortgage apartment: neither notaries nor banking institutions are interested in signing such contracts. After all, according to the Law of Ukraine "On State Registration of Real Property Rights and Encumbrances", the sale of encumbered housing is prohibited.

It is not easy to find someone who wants to buy a mortgage real estate, especially under favorable conditions for the seller. However, if it was possible to find a buyer of mortgage housing, you should first verbally agree with him on the alienation of real estate. Like any property, an encumbered apartment can be sold on favorable, unfavorable and unprofitable terms.

Favorable conditions: a person willing to buy a "debt" apartment pays the current owner of the house the amount he has already paid under the mortgage agreement, and in the future agrees to pay the rest of the debt. This is a good option for the seller. So he loses relatively little.

Unfavorable conditions: the potential buyer of the apartment in the mortgage pays the seller only a part of the amount that he gave to pay the debt to the bank. Therefore, the owner of the home in debt loses another part of the money, as well as the right to this home.

Unprofitable conditions: the worst option for the seller, when in extremely critical situations he sells the house, in return, he does not receive compensation for the paid part of the mortgage debt. He "gets out of the mortgage", losing the funds he used to cover the mortgage until now, and being left without real estate.

26.06.2023 16:23

Regarding the change in the terms of crediting of the mortgage agreement, when issuing the mortgage, it may be specified that for any changes in crediting, an additional agreement will need to be drawn up. In this case, a person can be calm. No one will change the terms of using loan funds without it. The new creditor can change the credit terms, but with his consent.

26.06.2023 16:17

In case of breach by the debtor of the main obligation in accordance with the mortgage, the mortgagee has the right to satisfy the claims secured by it at the expense of the subject of the mortgage, preferably before other persons, whose rights or claims to the mortgaged immovable property are not registered in accordance with the procedure established by law or registered after the state registration of the mortgage. If the priority of a separate right or claim on mortgaged real estate arises in accordance with the law, such right or claim has priority over the claim of the mortgagee only if it arises and is registered before the state registration of the mortgage.

In case of breach by the mortgagor of the obligations established by the mortgage contract, the mortgagee has the right to demand early fulfillment of the main obligation, and in case of non-fulfillment - to levy a foreclosure on the subject of the mortgage.

In the event of the mortgagor's breach of obligations regarding the preservation or insurance of the subject of the mortgage, the mortgagee may take measures to preserve or insure the subject of the mortgage in his own interests and at his own expense. The mortgagor is obliged to immediately reimburse the mortgagor at the request of the mortgagor for all costs incurred in connection with taking measures to preserve and insure the subject of the mortgage.

26.06.2023 12:11

You need to contact the guardianship and guardianship authority, if this does not help to regulate the order of visits with the child and participation in its upbringing, you need to contact the court with a claim statement.

26.06.2023 11:57

Civil law contract is an agreement between two or more parties aimed at establishing, changing or terminating civil rights and obligations. A civil law contract is one of the grounds for the emergence of binding legal relations.

Employment contract — a contract between an employee and an employer, institution, organization or body authorized by him (hereinafter the owner), according to which the employee undertakes to perform the work specified in this agreement subject to internal labor regulations, and the owner undertakes to pay the employee a salary and to ensure the working conditions necessary for the performance of the work provided for by the labor legislation, the collective agreement and the agreement of the parties.

Unlike an employment contract, a civil law contract is an agreement between two or more persons regarding the establishment, change or termination of civil rights and obligations.

An employment contract and a civil law contract have different subjects of regulation. Thus, under an employment contract, an employee is obliged to perform not some individually defined work, but work from one or more professions, specialties, and positions with appropriate qualifications. Moreover, labor activity does not stop after the completion of any specific task. The employee is obliged to perform any task of the employer that belongs to his work function according to the profession, specialty, position and qualification specified in the employment contract.

The subject of civil legal relations is the very result of work. Therefore, civil-legal contracts are used, as a rule, to perform one-time specific work aimed at obtaining labor results, and in the event of achieving this goal, the contract is considered fulfilled and its effect is terminated.

A person who works under a civil-legal contract does not have certain guarantees compared to a person who works under an employment contract.

26.06.2023 11:53

Yes, you can. Name, surname, patronymic can be registered as a trademark, brand.

The procedure for registering the rights to names and surnames in Ukraine is no different from the usual registration of a trademark. The only thing worth paying attention to is:

1) the language in which you want to register such a brand or trademark (according to the legislation of Ukraine, it can be any language);

2) determine the types of services or goods for which you would like to obtain legal protection and the exclusive right to a name, surname, nickname;

3) the verbal part in the form of your full name or initials can be registered in the form of a logo, i.e. simultaneously and in combination with an image, drawing, design.

26.06.2023 11:49

A change in the subject of the claim means a change in the claim with which the claimant addressed the defendant, and a change in the grounds of the claim means a change in the circumstances on which the claimant's claim is based. Simultaneous change of both the subject and the grounds of the claim is not allowed.

Changing the basis of an administrative claim is possible in the following ways:

1) replacement of some factual or legal grounds of claim by others;

2) adding new factual or legal grounds;

3) removal of some of the specified factual or legal grounds.

The subject of the lawsuit is the plaintiff's material and legal claims against the defendant. The need to change the subject of the lawsuit may arise when the plaintiff's initial requirements do not allow him to satisfy his interests.

Changing the subject of an administrative claim is possible in the following ways:

1) replacement of some claims by others;

2) addition of new claims;

3) removal of some of the claims;

4) presentation of these requirements to another defendant within the framework of disputed legal relations.