Table of contents (expand)
- The concept and principles of civil law. Subject and method of regulation
- Civil legislation and sources of civil law. Analogy of law, analogy of law
- Civil legal relations: concepts and types
- Legal capacity and capacity of a citizen. Restriction of legal capacity and recognition of a citizen as incompetent. Guardianship and trusteeship
- Location. Recognition of a citizen as missing and declaration of a citizen as dead
- The concept of a legal entity. Creation and termination of legal entities
- Classification of legal entities
- The concept and forms of business partnerships and companies
- Limited Liability and Additional Liability Companies
- The concept and types of joint-stock companies
- production cooperatives. Liquidation of production cooperatives
- Consumer cooperatives
- The procedure for writing off funds and satisfying creditors' claims upon liquidation of a legal entity
- State and municipal unitary enterprises
- Nonprofits
- Branches and representative offices of legal entities
- Objects of civil legal relations
- Money and securities as objects of civil rights. Types of securities
- Results of creative activity. information. Works. Services
- Intangible assets and their protection
- Concept, types and forms of transactions
- Conditions for the validity of transactions. Invalid transactions and their types
- Representation: concept and types. Power of attorney
- Terms: concept, calculus and types
- Limitation period: concept and types. The running of the statute of limitations
- Grounds for the emergence, change and termination of civil rights and obligations
- Protection of civil rights: concept, methods
- Property rights: concept, forms, types. Contents of property rights. Purchase methods. Termination of ownership
- Ownership of citizens and legal entities
- The right of state and municipal property
- Common property right: concept and types
- Real rights to land: concept and types. Real rights to own and use other people's land plots. easement
- Ways to protect the right of ownership and other property rights. Vindication and negator claims
- Contract: concept, content, types
- The procedure for concluding, amending and terminating the contract
- Obligations: concept, content, types and grounds for occurrence
- Fulfillment of obligations: concept, principles, parties, types
- Penalty and retention as ways to ensure the fulfillment of obligations
- Pledge as a way to secure an obligation
- Bank guarantee and guarantee as ways to ensure the fulfillment of obligations
- Civil liability: concept, forms, types
- Change and termination of obligations: concept, grounds, methods
39. Pledge as a way to secure an obligation
Bail may arise by virtue of an agreement or on the basis of a law upon the occurrence of the circumstances specified in it. The pledge agreement is concluded in writing.
Characteristic feature of the pledge It consists in the fact that property is predetermined, on which the creditor has the right to foreclose in the event of default by the debtor of the main obligation.
Parties: pledgor - a debtor or a third person who is the owner of a thing, or a person who owns property on the right of economic management; pledgee - a person who has received property as a pledge (creditor).
Essence of Collateral is that the creditor, in the event of default by the debtor of the main obligation, has the right to receive satisfaction from the value of the pledged property preferentially over other creditors. The pledged property may not be transferred to the pledgee, but remain with the pledger (for example, when pledging real estate).
Subject of pledge - property or property rights (rights of claim). Claims that are inextricably linked with the personality of the creditor, claims for alimony, compensation for harm caused to health, property withdrawn from circulation cannot be the subject of pledge.
Types of main pledge:
1) with the transfer of property to the pledgee;
2) without the transfer of property to the pledgee.
Collateral obligations can be divided into pledge:
1) vehicles;
2) real estate;
3) securities;
4) goods in circulation;
5) property rights;
6) money.
The pledgor has the right check the availability, quantity, condition, storage conditions of the pledged property held by the pledgee; demand early termination of the pledge if there is a threat of loss of the pledged property; within a reasonable time, restore the subject of pledge or replace it with an equivalent property in case of loss; use the pledge, extract from it fruits and incomes; alienate the subject of pledge with the consent of the pledgee.
The pledgee has the right in cases stipulated by the contract, to use the property; file a vindication claim for the recovery of property from someone else's illegal possession. The pledgee has the right to demand early performance of the obligation secured by pledge in cases of loss of the subject of pledge due to circumstances for which the pledgor is not responsible; violation by the pledgor of the rules on subsequent pledge; if the subject of pledge has left the possession of the pledgor in a case that does not comply with the terms of the agreement, in case of violation by the pledgor of the rules on the disposal of the pledged property.
The right of pledge arises from the moment:
1) conclusion of an agreement;
2) transfer of property to the pledgee;
3) acquisition of the right of ownership by the debtor to goods or the right of economic management.
The deposit is terminated if:
1) termination of the main obligation;
2) claims of the pledgee;
3) destruction of the subject of pledge or termination of the pledged right;
4) sale of pledged property;
5) withdrawal from the pledgor of the subject of pledge, if the owner of the property is another person;
6) transfer of ownership of the pledged property under paid and gratuitous transactions or in the order of universal succession.
Author: Stepanova O.N.
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