Legal Regulations of Mongolia on Immovable Property Pledge and some actual issues

According to the provision 171.2 of the Civil Code, before, in case if the citizen-debtor intended to sell or trade or present to others or put in as the concurrent pledge and/or rent or lease or build a construction on the pledged land, the enforceability of the respective agreement would depend on the permission of the bank. There was the practice that the bank took away the original copy of the ownership right certificate of the citizen, who pledged his land or apartment, and restricts the possibility of the citizen to make any kinds of agreements with respect to his property. This has been considered extremely unfair and as the abuse of power. Such a case was reviewed by in the Constitutional Court and the decision with the following content was rendered: Provision 16.14 of the Constitution provides “a citizen has the right to own movable and immovable property…”. Commercial banks hold activity on keeping assets of others and lending them. According to the relevant legislation, banks issue loan with low risk (riskless), and the loan should be with collateral or pledge. The article aims to reveal the need to make amendments to the legislation for the enhancement of the current situation. The current legislation on registration does not provide for the registration of assignment of the right of pledge, both banks and state register require completing the previous loan refusing to register the assignment of the right of pledge. Due to this situation the assignment of the right of pledge is not available in practice. If legislators make precise amendments to the respective legislation on registration and registration procedure, the registration of the right of pledge will be duly done and legal consequences will comply with the theoretical concepts in reality.