DOI: https://doi.org/10.36719/2789-6919/49/38-49
Rufat Goyushov
“De Fendo” Law Office, Bar Association of the Republic of Azerbaijan
PhD in Law
https://orcid.org/0009-0009-1688-2996
rufat.goyushov@gmail.com
Mortgage Disputes and the Transfer of Mortgage Rights in the Context of Credit Agreements in the Great Britain: A Comparative Legal Analysis with Azerbaijan
Abstract
This article examines the institutions of mortgage disputes and the transfer of mortgage rights in the context of credit agreements within the legal systems of the Great Britain and Azerbaijan, based on a comparative legal analysis. Focusing on key legislative frameworks such as the Law of Property Act 1925 in the GB, the paper examines the procedures and legal principles governing the resolution of mortgage-related disputes and the assignment of mortgage rights in both jurisdictions. It further discusses the rights of redemption, the positions of creditors and borrowers, and the legal implications of foreclosure. By highlighting similarities and differences between the two systems, the study aims to contribute to a better understanding of mortgage law and its practical challenges in both countries.
Keywords: pledge and mortgage law, credit agreements, mortgage disputes, transfer of rights, Great Britain, Azerbaijan, law of property, right of redemption, creditor, borrower, confiscation, pre-action protocol, alternative solutions