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{{Paper
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|storemode=property
|title=Information technology for verification of the legality of the mortgage agreement for an enterprise as a single property complex
|pdfUrl=https://ceur-ws.org/Vol-3899/paper13.pdf
|volume=Vol-3899
|authors=Volodymyr Tsikalo,Yelyzaveta Hnatchuk,Tetiana Hovorushchenko,Alla Herts,Elena Zaitseva
|dblpUrl=https://dblp.org/rec/conf/advait/TsikaloHHHZ24
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==Information technology for verification of the legality of the mortgage agreement for an enterprise as a single property complex==
https://ceur-ws.org/Vol-3899/paper13.pdf
Information technology for verification of the legality of
the mortgage agreement for an enterprise as a single
property complex⋆
Volodymyr Tsikalo1,∗,†, Yelyzaveta Hnatchuk2,†, Tetiana Hovorushchenko2,†, Alla Herts1,†
and Elena Zaitseva3,†
1 Ivan Franko National University of Lviv, Universytetska str., 1, Lviv, 79000, Ukraine
2 Khmelnytskyi National University, Institutska str., 11, Khmelnytskyi, 29016, Ukraine
3 Zilina University, Univerzitná 8215, 010 26 Žilina, Slovakia
Abstract
Information technology for verification of the legality of a mortgage agreement for an enterprise as a single
property complex provides a comprehensive analysis of contracts, minimizing legal risks and increasing
the efficiency of legal due diligence. The use of modern information technologies, such as NLP, machine
learning, and integration with state registries, ensures high quality analysis, reliability of verification and
compliance with the law, as well as a high level of automation. Such information technology is particularly
relevant for financial institutions that provide loans secured by property, as well as for large enterprises
that often use mortgages in their operations. The advantages of the proposed information technology for
verification of the legality of a mortgage agreement for an enterprise as a single property complex are
automation and speed; significant reduction of time and effort for legal analysis of mortgage agreements;
increased accuracy and reduction of human error and possible errors during verification; reduction of legal
risks and avoidance of litigation due to early detection of potential problems and reduction of the likelihood
of entering into invalid or risky agreements; saving resources by optimizing the work of legal departments
through automation of routine tasks; improving control over compliance with the law; increasing
transparency of mortgage lending processes.
Keywords
Information technology, artificial intelligence, blockchain, mortgage agreement for an enterprise as a
single property complex, mortgage legal relations.1
1. Introduction
Information technology has become an integral part of modern legal practice, significantly
increasing the efficiency of lawyers and law firms. They allow automating routine tasks, improving
case management, providing quick access to important documents, and enhancing customer service
[1-3]. Let's consider the key aspects and benefits of using information technology in the field of law.
Specialized software allows you to automatically generate legal documents (contracts,
agreements, lawsuits) based on templates. This significantly reduces the time required to prepare
documents and reduces the likelihood of errors [4-6]. Automated case management systems (e.g.,
Clio, MyCase, PracticePanther) help to optimize processes, track deadlines, remind you of planned
activities, and organize workflow [7, 8]. Document Management Systems allow for centralized
storage, organization, and quick retrieval of legal documents. This is especially useful for law firms
AdvAIT-2024: 1st International Workshop on Advanced Applied Information Technologies, December 5, 2024, Khmelnytskyi,
Ukraine - Zilina, Slovakia
∗ Corresponding author.
† These authors contributed equally.
Voltsikalo@gmail.com (V. Tsikalo); liza_veta@ukr.net (Ye. Hnatchuk); tat_yana@ukr.net (T. Hovorushchenko);
agerc@ukr.net (A. Herts); elena.zaitseva@fri.uniza.sk (E. Zaitseva)
0000-0002-6174-6928 (V. Tsikalo); 0000-0003-2989-3183 (Ye. Hnatchuk); 0000-0002-7942-1857 (T. Hovorushchenko);
0000-0002-3310-3159 (A. Herts); 0000-0002-9087-0311 (E. Zaitseva)
© 2024 Copyright for this paper by its authors. Use permitted under Creative Commons License Attribution 4.0 International (CC BY 4.0).
CEUR
ceur-ws.org
Workshop ISSN 1613-0073
Proceedings
with a large volume of cases. Cloud storage (Dropbox, Google Drive, OneDrive) provides access to
documents from any location and device, allowing lawyers to work remotely. Online databases and
legal systems (Westlaw, LexisNexis, Liga) provide quick access to legislation, case law, legal opinions
and commentaries. This makes it easier to conduct legal research, search for precedents, and prepare
for court hearings [9-11]. Analytical software helps analyze court decisions, predict case outcomes,
and assess risks. Electronic filing of documents with the court (e-filing) greatly simplifies the process
of filing lawsuits, appeals, and other legal documents. It avoids queues, reduces delivery time, and
increases work efficiency [12, 13]. Online court hearings (via Zoom, Microsoft Teams) have become
especially relevant during the COVID-19 pandemic, allowing for remote hearings. Data encryption
and two-factor authentication help to protect confidential client information. Specialized access
control software (e.g., NetDocuments) allows you to control who has access to certain documents
and track the history of changes. Thanks to the development of cloud technologies and mobile
applications, lawyers can work from anywhere, access cases in real time, participate in court
hearings online, and respond promptly to client requests. Mobile applications for case management
(Rocket Matter, Zola Suite) allow you to keep deadlines and communication with clients under
control [14, 15].
Artificial intelligence is actively used for automated document analysis, identifying risks in
contracts, searching for precedents, and legal research. The use of artificial intelligence allows
automating the process of contract review, reducing the risk of human error and reducing the time
required for their analysis [16-18]. The LawGeex and SuperLegal platforms use artificial intelligence
to review legal documents, allowing you to quickly find risky provisions and ensure that contracts
comply with standards [19, 20]. The Westlaw Edge and Ravel Law platforms use artificial intelligence
to provide lawyers with relevant legal materials and precedents, and can also conduct searches based
on context and text analysis [21, 22]. The Relativity and Everlaw systems use artificial intelligence
to automatically sort and classify documents, identify relevant evidence, and identify potentially
important materials among a large amount of data [23, 24]. Statistical forecasts indicate that artificial
intelligence will deprive almost half of lawyers of their jobs by 2050 [25].
The use of artificial intelligence is becoming increasingly common in judicial practice as well, as
these technologies can increase the efficiency of litigation, automate routine tasks, and improve
access to justice [26]. Platforms such as Lex Machina and Premonition analyze millions of court
decisions and provide statistics on the probability of success in court, the likely time frame for
consideration, and even show the history of the results of judges and lawyers [27]. In the United
States, the COMPAS system is used to assess the risk of recidivism of criminals [28]. The system
analyzes data on the defendant and predicts the likelihood of reoffending, which is used when
making a decision on parole. The Verbit and Otter.ai systems are used to automatically generate
transcripts of court hearings, reducing the cost of hiring stenographers and speeding up document
flow. The Modria platform uses artificial intelligence to resolve disputes online. It helps to automate
the negotiation process between the parties by using algorithms that analyze the arguments of both
sides and provide recommendations.
The global artificial intelligence market was estimated at $136.55 billion in 2022 [29]. The
distribution of the global artificial intelligence market is shown in Figure 1 [29].
Figure 1: Global Artificial Intelligence Market Segmentation [29].
Chatbots can answer basic legal questions of clients, automate service, and reduce the workload
of lawyers [30]. DoNotPay is a well-known chatbot that helps users appeal parking fines, prepare
lawsuits in small claims courts, and receive compensation from airlines. It also helps citizens to
protect their rights without the need to hire a lawyer. CRM systems (Legal CRM) help lawyers track
communication with clients, analyze needs, and improve service levels. CRM systems also allow you
to automate marketing and sales management of legal services. Websites, blogs, social media, SEO
optimization and online advertising have become important tools for promoting legal services and
attracting clients. Content marketing allows lawyers to demonstrate their expertise by creating
articles, videos and infographics on legal topics.
In sum, the use of information technology in legal practice allows lawyers to work more
efficiently, faster and at lower costs. This allows not only to increase productivity but also to improve
the quality of client service, which is an important competitive advantage in today's legal services
market. The introduction of modern IT solutions opens up new opportunities for law firms and can
become the basis for increasing their competitiveness, especially in the context of digital
transformation. In this case, the development of information technologies, including intellectual
technologies, for various legal areas, including, for example, verification of enterprise mortgage
agreements, is an urgent task.
2. Mortgage agreement for an enterprise as a single property complex
Let's analyze the subject area of information technology for verification of enterprise mortgage
agreements.
The institute of mortgaging an enterprise as a single property complex deserves special attention
in the Civil Law of Ukraine. Gaps in the study of the institution of enterprise mortgage as a single
property complex have led to the fact that many problematic issues remain unresolved.
Pursuant to Article 1 of the Law of Ukraine “On Mortgage”, real estate is considered to be land
plots, as well as objects located on land plots and integrally related to them, the movement of which
is impossible without their depreciation and change of their purpose [31].
A similar interpretation of real estate is contained in Article 181 of the Civil Code of Ukraine [32].
The main act of civil legislation uses the terms “immovable things”, “real estate”. The category of
“real estate” is a broader concept and includes the category of “immovable thing”, and, accordingly,
we cannot speak of their identity. At the same time, part 1 of Art. 190 of the Civil Code of Ukraine
defines property as a special object, which is considered to be a single thing, a set of things, as well
as property rights and obligations.
Characteristic features of real estate include the impossibility of moving such property without
depreciating it or changing its purpose; registration of rights to such property; and individual
certainty.
An enterprise is a special complex object of civil rights, which is a single property complex, the
totality of property and property rights of which ensures the conduct of separate economic activities,
is recognized as real estate in general, and which requires constitutional (state) registration in
accordance with the procedure provided by law.
Property complex is a broader concept than real estate. Article 191 of the Civil Code of Ukraine
specifies the types of property that are part of an enterprise as a single property complex. A single
property complex is used to carry out business activities, and an enterprise as a single property
complex is treated as real estate.
The legal concept of property is reduced to the following: a separate thing; a set of things
belonging to a person on the basis of ownership or other rights; property rights, claims; obligations,
debts that encumber property.
Therefore, an enterprise as a property complex and real estate is, first of all, always an unchanging
individually identifiable thing, represents significant property value, often has social significance
and is non-consumable in general or has a long term of use.
The emergence of a mortgage on the basis of a contract is most common in a multi-structured
market economy and is based on the free will of the parties to civil legal relations.
The mortgage of an enterprise as a property complex should be understood as a type of security
for the fulfillment of an obligation with tangible and intangible assets of a business entity with a
completed production cycle of products (works, services) and with the land plot on which it is
located.
In order for a mortgage legal relationship to arise regarding the property complex, concluding a
mortgage contract for the property complex is not enough. In this case, it is necessary for the
mortgage legal relationship to have an actual structure, or rather a system of legal facts. Such a
system consists of:
• concluding an agreement
• notarial certification of the agreement
• state registration of the agreement
The peculiarity of the mortgage agreement of the enterprise of the property complex is, first of
all, the essential conditions laid down in it. The essential terms of the mortgage agreement of the
enterprise as a single property complex will be determined as follows:
• data that allow in a certain way to establish the presence of a single property complex of the
enterprise and its composition, i.e. to identify and evaluate in general and by object
• the value of the enterprise as a single property complex
• description of the land plot on which the enterprise is located as a property complex
The mortgage agreement of the enterprise as a single property complex can be considered valid
if the following documents are available:
• inventory act
• accounting (transfer) balance
• conclusions of an independent auditor on the composition and value of the enterprise as a
single property complex
• list of all types of debts (obligations) that are included in a single property complex, with an
indication of creditors, the nature, size and terms of their claims
• in fact, the mortgage agreement of the enterprise as a single property complex in the form of
a single document - a general agreement signed by the parties, which contains elements of
various agreements (Part 2 of Article 628 of the Civil Code of Ukraine)
By its nature, a mortgage is an additional means of proper fulfillment of obligations and a
derivative contract from the main contract, therefore, a reference in the mortgage contract to the
relevant terms of the credit agreement is sufficient. There is no need to duplicate these conditions
even in the mortgage contract (interest and interest on the loan, as well as their payment terms).
There is no provision in the Law of Ukraine "On Mortgages" that would regulate the issue of the
place of certification of mortgage contracts of an enterprise as a property complex. In accordance
with Article 55 of the Law of Ukraine "On Notaries" [33], the certification of real estate mortgage
contracts is carried out at the location of the specified property.
In the context of the mortgage of the property complex, it is important to find out the place of
notarial acts. The place of performance of notarial acts can be the location of the creditor and can
also be the place of residence of an individual.
The current legislation does not contain restrictions on the subject structure of the mortgage
relationship. Subjects of a mortgage legal relationship can be natural persons and legal entities
(organizations) that are endowed with civil legal personality. The grounds for the right to transfer
property are the right of ownership and the right of full economic control. The enterprise, for which
the property is secured by the right of full economic ownership, is entrusted with the obligation to
obtain the consent of the owner of this property or the body authorized by him to implement the
pledge of the enterprise as a whole, its structural units as property complexes, as well as individual
premises and buildings.
It should be noted that the transfer of the property complex of the enterprise into a mortgage is
possible with the consent of the owner of the enterprise's property or the body authorized by him or
based on the decision of the body authorized by the founding documents of the enterprise.
The parties to the mortgage agreement of the enterprise as a single property complex are always
the mortgagee and the mortgagor. A mortgagee is a person to whom real estate, property complexes,
etc. are transferred as a means of securing the main obligation. The mortgagor is a legal entity or an
individual - the owner or a person authorized to transfer real estate to ensure the fulfillment of the
obligation.
So-called third parties can be participants in mortgage legal relations. These include: a person
who receives certain rights, powers or obligations under the mortgage agreement, but does not act
as a mortgagee or mortgagor; a person, a debtor under a credit agreement, in whose interests a
mortgage agreement is concluded, when the mortgagor acts as a property guarantor.
A study of the legislation allows us to assert that the person who owns the subject of the mortgage
is obliged, according to Art. 587 of the Civil Code of Ukraine: take measures necessary to preserve
the subject of the mortgage; keep the subject of the mortgage properly; immediately notify the other
party of the mortgage contract about the threat of destruction or damage to the single property
complex transferred under the contract.
In Art. 191 of the Civil Code of Ukraine, the enterprise is considered as a single property complex
that is used to carry out business activities.
Therefore, the composition of the enterprise as a single property complex includes all types of
property intended for its activity, including land plots, buildings, structures, equipment, inventory,
raw materials, products, claims, debts, as well as rights to designation that individualize the
enterprise, its products, works and services (brand names, trademarks, service marks), and other
exclusive rights, unless otherwise provided by law or contract.
The mortgage of the enterprise as a single property complex and its structural subdivision, unless
otherwise provided by law or contract, applies to all its property, including fixed and working capital,
as well as other values reflected in the independent balance sheet of the enterprise.
Taking into account the above, it should be noted that if the subject of the mortgage is a single
property complex, then the pledged property includes all tangible and intangible assets, fixed assets
and working capital, other assets, the value of which is reflected in the independent balance sheet,
belonging to the enterprise as a legal entity with the right of ownership enterprises, right of claim.
The collateral property includes the received income of the enterprise, the property acquired by it,
as well as the debts acquired by the enterprise during the mortgage period.
3. Information technology for verification of the legality of the
mortgage agreement for an enterprise as a single property complex
In [34], the authors developed intelligent information technology for verifying the correctness of the
mortgage agreement based on ontologies, which provides verification of the correctness of the
structure of the mortgage agreement from a legal point of view; forms conclusion on the correctness
of the structure of the mortgage contract; helps to avoid signing a mortgage contract with an
incorrect structure, the signing of which may lead to negative consequences for one or both parties
to the contract.
Checking the legality of the mortgage agreement of the enterprise as a single property complex
is a complex process that requires detailed analysis of legal documents, compliance with legislation,
assessment of the legal status of the property and counterparties. Information technology can greatly
simplify this process, providing lawyers with tools to automate checks, document analysis and
identify possible risks. Let's develop information technology for verification of the legality of the
mortgage agreement for an enterprise as a single property complex (Fig. 2), which consists of the
following processes:
• collection and preliminary analysis of documents (mortgage agreement, statutory documents
of the enterprise, property title documents, etc.)
• automatic analysis of the text of the mortgage contract using natural language processing
(NLP) and machine learning (ML) technologies to identify inaccuracies and anomalies in the
contracts, during which the structure of the contract is checked (presence of mandatory
details – subject of the contract, parties, terms, rights and obligations parties' ties, mortgage
object), analysis of legal provisions (checking the presence of key conditions – liens,
sanctions, liability), detection of critical conditions (search for potentially risky provisions –
for example, unauthorized changes to conditions or hidden encumbrances), detection of
inaccuracies or inconsistencies in the text of the agreement
• automatic verification of compliance of the terms of the mortgage agreement with current
legislation (Civil Code of Ukraine, Law of Ukraine "On Mortgages", etc.) using databases of
regulatory legal acts (for example, Liga, LexisNexis) and artificial intelligence algorithms –
assessment of compliance of the provisions of the agreement with the latest changes in
legislation, analysis of court practice to determine potential risks
• automatic verification of the legal status of the enterprise acting as a mortgagor (automated
verification of state registers to determine the status of the enterprise – for example, the
Unified State Register of Legal Entities and Individual Entrepreneurs; assessment of the
financial stability of the counterparty, verification of the history of the enterprise and its
reliability)
• automatic verification of property rights (authority documents for the enterprise as a single
property complex) using blockchain technologies to audit data and ensure their immutability
and smart contracts for automatic confirmation of ownership rights, namely: automated
verification of ownership rights to all elements of property of the complex by automated
checking of state registers – for example, the State Register of Real Property Rights, detection
of possible encumbrances (arrests, other liens), analysis of the history of changes in
ownership rights
• risk assessment and forecasting of potential legal problems (for example, analysis of the
financial condition of the enterprise and its ability to service debt, detection of disputes
regarding property rights or other claims to the enterprise) using artificial intelligence
algorithms – for example, using machine learning algorithms based on historical data (court
cases, typical errors in contracts, etc.)
• automatic generation of an inspection report with identified risks, recommendations for
correcting identified deficiencies, and an assessment of the agreement's compliance with
current legislation
• remote signing and registration of a legally correct contract - electronic signing of the
contract and subsequent registration in the State Register of Mortgages, verification of
documents using electronic signatures and other means of authentication, automatic sending
of the contract for registration to the relevant authorities
• use of smart contracts for automatic fulfillment of mortgage conditions
• monitoring of changes in the legislative base and automatic updating of verification criteria,
automatic updating of the legislation database, notification of lawyers about changes that
may affect the legality of mortgage contracts – using databases of regulatory legal acts (for
example, Liga, LexisNexis) and artificial intelligence algorithms intelligence to analyze the
impact of legislative changes on concluded agreements
• electronic document management using the blockchain to ensure the immutability of
documents and confirm authenticity – support for electronic signature and verification of
documents, automatic creation and storage of electronic versions of contracts, integration
with DocuSign or Adobe Sign systems for signing contracts
Information technology for verification of the legality of a mortgage agreement for an enterprise
as a single property complex provides a comprehensive analysis of contracts, minimizing legal risks
and increasing the efficiency of legal due diligence. The use of modern information technologies,
such as NLP, machine learning, and integration with state registries, ensures high quality analysis,
reliability of verification and compliance with the law, as well as a high level of automation. Such
information technology is particularly relevant for financial institutions that provide loans secured
by property, as well as for large enterprises that often use mortgages in their operations.
The advantages of the proposed information technology for verification of the legality of a
mortgage agreement for an enterprise as a single property complex are automation and speed;
significant reduction of time and effort for legal analysis of mortgage agreements; increased accuracy
and reduction of human error and possible errors during verification; reduction of legal risks and
avoidance of litigation due to early detection of potential problems and reduction of the likelihood
of entering into invalid or risky agreements; saving resources by optimizing the work of legal
departments through automation of routine tasks; improving control over compliance with the law;
increasing transparency of mortgage lending processes.
4. Results & discussion
Let's consider the work of information technology for verification of the legality of the mortgage
agreement for an enterprise as a single property complex. Thus, a mortgage agreement and the
necessary accompanying documents were formed for Enterprise1 as a single property complex.
These documents were transferred to the input of the developed information technology.
Information technology for verification of the legality of the mortgage agreement for an
enterprise as a single property complex technology performed a preliminary analysis of the provided
documents, automatic analysis of the text of the mortgage agreement and automatic verification of
compliance of the terms of the mortgage agreement with the current legislation of Ukraine. In
addition, there was a check of the legal status of Enterprise1, its property rights, risk assessment and
forecasting of potential legal problems, etc. As a result of the actions taken, the information
technology generated the following verification report: "Enterprise 1 is in the state of detection of
disputes regarding property rights to land. Enterprise 1 has a seizure imposed on the premises of one
of its workshops. The provided mortgage agreement does not comply with current legislation – it
does not contain the determined value of the enterprise as a single property complex, does not
contain conclusions of an independent auditor on the composition and value of the enterprise as a
single property complex." It is obvious that further work with such a contract and such an enterprise
is not possible, therefore the signing and registration of the contract did not take place.
Thus, the developed information technology helped to avoid the signing of a legally incorrect and
risky mortgage contract of an enterprise as a single property complex, which made it possible to
avoid negative consequences and recognition of such a contract as invalid based on a court decision.
With the help of the developed information technology, another 234 mortgage contracts of the
enterprise as a single property complex, prepared for concluding by the enterprises, were checked.
Information technology showed that only 98 contracts (42%) out of 235 analyzed received a positive
report and were concluded – Fig. 3. If mortgagors and mortgage holders had not used the developed
information technology before signing, then 137 legally incorrect or risky contracts would have been
concluded, which would have had significant negative consequences.
Figure 2: Information technology for verification of the legality of the mortgage agreement for an
enterprise as a single property complex.
Figure 3: Results of inspection of 235 mortgage agreements by information technology for
verification of the legality of the mortgage agreement for an enterprise as a single property complex.
5. Conclusions
The use of information technology in legal practice allows lawyers to work more efficiently, faster
and at lower costs. This allows not only to increase productivity but also to improve the quality of
client service, which is an important competitive advantage in today's legal services market. The
introduction of modern IT solutions opens up new opportunities for law firms and can become the
basis for increasing their competitiveness, especially in the context of digital transformation. In this
case, the development of information technologies, including intellectual technologies, for various
legal areas, including, for example, verification of enterprise mortgage agreements, is an urgent task.
Checking the legality of the mortgage agreement of the enterprise as a single property complex
is a complex process that requires detailed analysis of legal documents, compliance with legislation,
assessment of the legal status of the property and counterparties. Information technology can greatly
simplify this process, providing lawyers with tools to automate checks, document analysis and
identify possible risks.
Information technology for verification of the legality of a mortgage agreement for an enterprise
as a single property complex provides a comprehensive analysis of contracts, minimizing legal risks
and increasing the efficiency of legal due diligence. The use of modern information technologies,
such as NLP, machine learning, and integration with state registries, ensures high quality analysis,
reliability of verification and compliance with the law, as well as a high level of automation. Such
information technology is particularly relevant for financial institutions that provide loans secured
by property, as well as for large enterprises that often use mortgages in their operations.
The advantages of the proposed information technology for verification of the legality of a
mortgage agreement for an enterprise as a single property complex are automation and speed;
significant reduction of time and effort for legal analysis of mortgage agreements; increased accuracy
and reduction of human error and possible errors during verification; reduction of legal risks and
avoidance of litigation due to early detection of potential problems and reduction of the likelihood
of entering into invalid or risky agreements; saving resources by optimizing the work of legal
departments through automation of routine tasks; improving control over compliance with the law;
increasing transparency of mortgage lending processes.
A further priority direction for the authors' work is the implementation of the proposed
information technology in the form of a web-oriented or mobile-oriented application with a simple
and intuitive interface for downloading mortgage agreements with all related documents and
obtaining inspection results, which allows viewing the analysis results, reports and
recommendations in real time.
Acknowledments
This work was supported in part by the Slovak Research and Development Agency under the grant
‘‘Development of a new approach for reliability analysis and risk assessment based on artificial
intelligence’’ (reg.no. APVV-23-0033), and in part by the Ministry of Education, Science, Research,
and Sport of the Slovak Republic ‘‘New approaches of reliability analysis of non-coherent systems’’
under Grant VEGA 1/0165/21.
Declaration on Generative AI
During the preparation of this work, the authors used Grammarly in order to: grammar and spelling
check; DeepL Translate in order to: some phrases translation into English. After using these
tools/services, the authors reviewed and edited the content as needed and take full responsibility for
the publication’s content.
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