Lawsuits for the Protection of Real Guarantee Rights (Published)
The purpose of the obligation is the realization of the creditor’s right through the execution of the obligation. To achieve this goal, when the debtor does not execute the obligation voluntarily, the obligation sanction is activated.[1] In practice, it often happens that from the creation of the obligation and until its execution, a relatively long time must elapse and it may happen that the debtor becomes insolvent or in conditions of mistrust does not execute the obligation he had undertaken.[2]. Thus, it is necessary to provide mechanisms to ensure the execution of the obligation. In the entirety of the mechanisms that the Albanian legislator recognizes within the mechanisms for fulfilling the obligations, pledge and mortgage are two institutes that are regulated by the Civil Code and are a real guarantee of securing and guaranteeing the obligation.[3]. These guarantees have erga omnes effect, are real rights over the other’s belongings and have an accessory character[4]. The purpose of their explicit provision in the Civil Code has been realized in order to prevent the risk that the debtor will alienate his assets and that the preferential creditor will be preferred. These mechanisms in the form of real guarantees achieve the goal of avoiding risks, by means of a minimal possible burden, on the debtor’s property and its turnover in the civil circulation[5]. Through this scientific paper, we aim to analyse in detail the lawsuits for the protection of real rights of guarantee, as aspects which receive a significant impact both from a scientific and practical point of view. Thus, in this scientific paper, we will not treat from a material point of view the characteristics of the institutes, their commonalities and peculiarities, but we will focus on the scientific and practical analysis of lawsuits, such as: claim lawsuit, denial lawsuit, report lawsuit of a new work and a possible damage, etc.
Keywords: Mortgage, lawsuits., mechanisms to enforce obligations, pledge, real guarantee rights
Sources of Funds Available To Private Investors for Housing Development In Nigeria (Published)
Housing has been universally recognized as one of the most essential necessities of humans and is a major economic asset in every nation. Adequate housing provides the foundation for stable communities and social inclusion. There is a significant association between housing conditions and physical and mental health of an individual. People’s right to shelter is thus a basic one and the provision of decent housing to all requiring it should be the hallmark of every civilized society and one of the criteria for assessing the extent of a nation’s development. However, the provision of adequate housing in Nigeria and other developing nations alike still remains one of the most intractable challenges facing the nations. Previous attempts by all stakeholders, including government agencies, planners and developers to provide necessary recipe for solving the housing problem have yielded little or no success. Fund, a basic ingredient for housing development, has to be made easily accessible to investors in housing development if the problem of housing delivery is to be tackled at the root. This paper therefore exposes the various sources of funds available to private housing developers which can be harnessed to enhance housing supply in Nigeria.
Keywords: Housing Fund, Housing Supply, Mortgage, National Development, Nigeria
