Некоторые проблемы уведомления должника залогодателя о состоявшемся залоге обязательственных прав (требований)

Законодательство. 2022. № 6. С. 30–35.

Volchansky M.

The article is devoted to the consideration of problems which arise during the debtor notification about the pledge of obligational rights (claims).

The author states that the goal of providing the pledgor's debtor with full protection can be achieved only if the legal order offers an appropriate solution to the problems connected with the pledgor's debtor notification of the committed pledge. The main pool of issues which require priority regulation can be reduced to the following ones: 1) what are the consequences of the fact that the pledgor’s debtor, who does not obtain a notification of pledge, will fulfill performance to a pledgor; and 2) in what order is it necessary to notify the pledgor’s debtor in accordance with Art. 358.4 of the Civil Code of the Russian Federation. The first question is proposed to be resolved on the basis of the full debtor protection: if the latter was not notified of the change of the addressee due to the pledge of obligation rights, the execution to the pledgor must be recognized as an appropriate one. This decision will correspond to the system of domestic regulation. To solve the second issue the author proposes as a general rule to introduce 2 stages of notifying the pledgor’s debtor: the first one - about the pledge; the second one – about changing the addressee of execution. At the same time if the parties deviated from the dispositive norm of paragraph 1 of Art. 358.6 of the Civil Code of the Russian Federation (in particular - established the neсessity to fulfill the pledged claim to the pledgee) the first stage of notification is not required.

Keywords: залог, обеспечение обязательств, pledge, залог обязательственных прав (требований), security of obligations, pledge of obligational rights (claims), notification about the pledge of obligational rights (claims), уведомление о залоге обязательственных прав (требований)