Pledge as a way to ensure that the obligations
Journal Title: Вісник Одеського національного університету. Правознавство - Year 2016, Vol 21, Issue 2
Abstract
This article covers the main provisions of the pledge. The author analyzes the provisions of the Federal law from 21.12.2013 № 367-FZ «On amendments to the Civil code of the Russian Federation and the annulment of certain legislative acts (provisions of legislative acts) of the Russian Federation» on pledge as a way of securing obligations. The author provides relevant jurisprudence on this issue and concluded that this method of securing obligations helps to minimize risks in civil legal relations between subjects of entrepreneurial and commercial activities. The Concept provides for protection measures of movable property purchasers who did not know and should not have known that it is pledged. On such property pledgee shall not have the right to foreclose and bail should be recognized as terminated. The concept envisages the creation of accounting systems pledges of movable property. This system should be informative rather than entitlement character, and to protect the rights of third parties. The pledge can get power against third parties and to get such features as following of a thing and the possibility of priority over other creditors satisfy the pledgee's claims only if it is given the property of publicity. If the mortgagee does not care that the information on the pledge has been known to third parties, and any acquired movable thing, the pledgee is to risk losing their right of pledge. If the acquirer knew that the thing laid down or had to know about it because the mortgagee has taken this measure, the security deposit is retained. Then, achieved a fair balance between the protection of the interests of the right holder (mortgagee) and third parties (turnover).
Authors and Affiliations
O. V. Sushkova
Keywords
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