Content and Form of Pledge Contract in the Civil Law of the Russian Federation

  • SorinLyubov F. NETISHINSKAYA I.T. Trubilin Kuban State Agrarian University, Krasnodar, Russian Federation
  • Lyudmila I. GUSHCHINA I.T. Trubilin Kuban State Agrarian University, Krasnodar, Russian Federation
  • Anna S. SHEKHOVTSOVA I.T. Trubilin Kuban State Agrarian University, Krasnodar, Russian Federation
  • Viktoria A. KOLESNIKOVA I.T. Trubilin Kuban State Agrarian University, Krasnodar, Russian Federation

Abstract

The article presents new provisions of the Civil Code of the Russian Federation on pledge, in particular, on conditions, forms of a pledge agreement, as well as on state registration and registration of pledge.


We analyzed the provisions concerning the form of the pledge agreement, the state registration and registration of the pledge. The analysis revealed cases of establishing legal requirements in accordance with the notarial form of the pledge agreement. It is concluded that the agreement on real estate pledge is no longer subject to state registration, and therefore the provisions of the Civil Code of the Russian Federation on state registration and registration of collateral are particularly urgent and require further study, as well as other legislative acts of the Russian Federation. Based on these studies, cases are indicated where the pledge is subject to state registration. The procedure and conditions for state registration of the pledge of exclusive rights are also indicated for the results of intellectual activity and means of individualization.


We have now announced the possibility of registering a pledge of other non-residential assets through registration in order to notify the pledge in the register of pledge notices of movable property and at the same time pay attention to the fact that the mortgagee with respect to a third party can refer to the right of pledge belonging to He only from the date of entry of a record of registered pledge.

References

[1] Bazinas, S.V. 2014. The draft pledge provisions of the Russian civil code and the Russian law on pledge compared with the uncitral legislative guide on secured transactions. Private law and financial market: collection of articles / ed. by E.L. Bashkatov. М.: Statut, 2014. Issue 2. 362-390.
[2] Braginsky, М.I., Vitryansky, V.V. 2001. Contractual law. General provisions. 3rd edition. М.: Statut. V. 1.
[3] Dashtserengiyn, B. 1999. Pledge as a means of provision of completion of credit obligations: Ph.D. thesis. Tomsk, 24 p.
[4] Eremichev, N.Е. 2004. Methods of provision of contractual obligations; national and legal and international and legal regulation: Ph.D. thesis. М., 212 p.
[5] Federal law ‘On implementing changes into part I of the Civil Code of the RF and annulment of certain acts of legislation (provisions of legislative acts) of the Russian Federation’ dated December 21, 2013, No. 367-FZ. Collection of laws of the RF. 2013. No. 51. Article 6687.
[6] Goode, R. 1941. Commercial Law (edited and fully revised by E. McKendrick), 4th ed., Penguin Books, London, 2010. 1600.
[7] Information letter of the Presidium of the Supreme Arbitration Court of the RF dated January 15, 1998 No. 26 ‘Overview of the practice of consideration of arguments on arbitrary courts’ application of the norms of the Civil Code of the RFon pledge’, January 15, 1998 No. 26. Bulletin of the SAC of the RF. 1998. No. 3.
[8] Russian civil law: study guide. 2010. Ed. by E.A. Sukhanov. М.: Статут, V. 2. 1208 p.
[9] Selivanovsky, А.S. 2006. Provision of completion of obligations in financial markets. Economy and law. 2. 43-55.
[10] The Civil Code of the RF (part I) dated November 30, 1994 No. 51-FZ (ed. July 3, 2016). Collection of laws of the RF. 1994. No. 32. Article 3301.
Published
2018-12-24
How to Cite
NETISHINSKAYA, SorinLyubov F. et al. Content and Form of Pledge Contract in the Civil Law of the Russian Federation. Journal of Advanced Research in Law and Economics, [S.l.], v. 9, n. 3(33), p. 1066-1070, dec. 2018. ISSN 2068-696X. Available at: <https://journals.aserspublishing.eu/jarle/article/view/2558>. Date accessed: 24 mar. 2019. doi: https://doi.org/10.14505//jarle.v9 3(33).33.