Залог обязательственных прав: осмысление института в парадигме решений отечественного правопорядка

M. : -, 2024.

Volchansky M.

The work is devoted to the study of the institution of pledge of obligatory rights (claims) taking into account the current norms of the Civil Code of the Russian Federation. The essence of the pledge of obligatory rights is analyzed, including taking into account the evolution of the understanding of the institution;
its legal nature and discusses the main issues related to the subject
encumbrances in the form of a right of obligation (claim). Focusing on the theoretical foundation identified in the work, the author analyzes and proposes the most optimal options for the development of domestic regulation of distinctive
features of the content of the collateral legal relationship when pledging obligations
rights (requirements). Relevant proposals are developed and formulated
in relation to unresolved problems related to notification of the debtor
according to the pledged requirement for a completed pledge, ensuring safety
collateral, with the establishment and designation of key features
a specific method of extracting value from pledged rights (claims)
in the form of ius exigendi, as well as with the regulation of issues of subsequent pledge of obligatory rights (claims).
The conclusions drawn from this work can be used
in teaching and research activities, during reform
civil legislation, as well as in practical activities (including
when resolving legal disputes).
Legislation and electronic resources are given as of 01/10/2024.

Keywords: залог обязательственных прав (требований), pledge of obligational rights (claims)