Legal Regulation of Securing Consumer Housing Loans (Mortgages) under the Legislation of the Czech Republic

The article explores the legal regulation of mortgage in the Czech Republic from the perspective of civil law and consumer credit legislation. The article is devoted to a comprehensive analysis of the legal regulation of consumer loans for housing in the Czech Republic, which effectively perform the functions of mortgages, despite the absence of a formal definition of this term in civil law. The relevance of the study is due to the discrepancy between financial market practice and regulatory requirements, dynamic changes in the mortgage sector, the influence of macroeconomic factors, and the need for a clear definition of the concept of “collateral security” (jistota) characteristic of Czech law, which is not an independent means of securing debt, but serves as a general basis for establishing various forms of security, such as a pledge, suretyship, or financial guarante. The aim of the work is to clarify the peculiarities of real estate pledges as an instrument for securing consumer loans and to determine their place in the Czech private law system. The objectives of the article include an analysis of the current legislation, a description of the mechanisms for guaranteeing the fulfillment of obligations, the relationship between accessory and abstract security models, and a summary of the relevant case law. The methodology consists of formal-legal, comparative-legal, historical-legal, and systemic-structural methods, analysis of Supreme Court of the Czech Republic decisions, and ČNB statistical data. The work shows that Czech law regulates mortgages through the institution of pledges and rules on providing property guarantees to creditors; it identifies conflicts between doctrine, practice, and legislation, and outlines the prospects for codifying the term “mortgage” in civil and financial legislation. It is summarized that the systematization of terminology, clear boundaries between types of collateral, and the unification of law enforcement would increase the legal certainty and efficiency of the Czech mortgage market