What Role for the Right to Housing in Mortgage Law? Homeownership and Systemic Considerations in Private Law Beyond the State

This contribution brings into focus the interaction between the right to housing and mortgage law. While the law of residential mortgages is pivotal in guaranteeing access to housing in a political economy of private homeownership, its relationship with the right to housing in the transnational legal framework remains less clear. By analysing international, transnational and EU developments, this paper questions the extent to which broader housing concerns inspire the law of residential mortgages. Even though the objectives of mortgage law are manifold – ranging from addressing creditor risk and enabling homeownership to supporting financial stability and the ‘green’ transition of the economy – it seems that economic considerations rather than broader housing concerns drive legal developments. This raises doubts as to whether the fundamental right to housing has more than a limited, indirect impact within transnational mortgage law.