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In Art. 37 of the Federal Law "On Mortgage"1 stipulate all the actions of the pledgor, which he is entitled to perform with the real estate pledged to the creditor bank. Among such actions there is also a donation, but with a reservation about the consent of the pledgor for the actions performed. The usual practice of creditor banks is to specify in the loan agreement a ban on the donation of mortgaged real estate, since such transactions are considered risky. This is due to the fact that in the transfer of ownership to a third person under the act of donation, the creditor's rights for collateral (apartment / home) are correspondingly reduced. When drawing up the act of donating the mortgagor without the creditor bank's permission, the pledge holder has the right to take sanctions to recognize the gift certificate as invalid or to demand the full and early repayment of all the borrower's obligations. If the borrower announces to the creditor about the intention in the future to draw up a mortgage to the apartment an act of gift, then the credit agreement must necessarily include a clause in which it is stipulated that the apartment can be donated to a third person without consent Bani with the creditor bank.