Mortgage subject surrogation in focus of comparative analysis

The article is based on the report made in St Petersburg State University on 2–3 October 2024 at the conference “The Concept of Real Estate in Comparative Legal Dimension” (III Annual International Scientific Conference in Memory of Professor Gabriele Crespi Regizzi). The article deals with the problem of transformation of the subject of pledge and extension of the pledgee’s right of pledge to the new property of the pledgor. The author comes to the conclusion that the qualification of surrogation as a pledge on the basis of the law in itself does not prejudge the question of understanding surrogation as a principle of the institute of pledge. The answer to this question depends on the contractual or normative nature of pledge based on law. The article analyses surrogation situations on the examples of extending the pledge to buildings constructed on the pledged land plot, the pledgor’s claims against third parties, including the damage causer and the insurer. The author concludes that the list of cases of pledge extension provided for in Russian law is broader than in German law. Based on the study of judicial practice, the author also considers the problem of extending pledge in relation to service items that are functionally related to the subject of pledge.