Case study about the validity of a mortgage contract and connections to bona fide third parties
Keywords:
Caselaw; mortgage contract; bona fide; land use right; invalidity; credit
Abstract
On the basis of Case Law No. 36/2020/AL, the article analyzes the approach of the cassation decision on a mortgage of land use rights. At the same time, it expands several legal issues to strengthen the legal rule recognized in this case law. In particular, the article proposes a different approach to this case law on the basis of applying the provisions protecting the interests of bona fide third parties.
