Real debt – What is it?

The term “guilt” makes more sense when the opposite is known: personal guilt. In the first case one thing is liable (one thing), in the second case a person is liable. Not only the real debt is a common vocabulary in professional circles. The dingliche claim occurs for the time being in the action. This serves to realize a right in rem, ie the right to a thing. These rights include non-profit, lien, mortgage, mortgage, among others

The real debt is most likely to be known to people who are dealing with the burden of a property.

The real debt is most likely to be known to people who are dealing with the burden of a property.

Here again two possibilities come into consideration: The mortgage and the mortgage. Both are real estate liens and give the creditor the lien on developed or undeveloped land. While the mortgage requires an existing loan, with the repatriation of which the mortgage lapses, the land charge represents an “abstract real debt”, which has its right to exist even without the existence of a claim. The mortgage does not end with the repayment of the loan. If the mortgage is liable for the land as well as the real liability, as well as the borrower for all his assets (personal liability), the land charge is liable only as a real liability. The 1191 BGB describes that the land charge as a burden of land and thus, in a way, the real debt to the one in whose favor the charge is made, a certain amount of the land to pay. In contrast to the mortgage, the mortgage is thus an indebted indebted to their legal grounds real debt. We remember: In the case of mortgage, the legal basis is credit.

The real debt (mortgage) is gladly registered to secure a loan in the land register.

The real debt (mortgage) is gladly registered to secure a loan in the land register.

This need not be in the context of a targeted loan at a particular institution. The credit-willing landowner can also register the mortgage for himself in the land register (Originre Eigentmergrundschuld 1196 BGB). He can secure an absolute rank by registering this real debt. Such a ranking plays a positive role in lending, since in the event of a default first-rate claims are also settled first. If there is nothing in the end with the loan, although the mortgage (real debt) already exists on the land of the owner as a land register entry and the potential creditor favored, then the mortgage remains nonetheless. We know that the real debt can exist irrespective of the loan. The landlord, however, has a debt claim against the lender for the repayment of the land charge.

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