Some features of legal regulation of loans by securities

Автор: Galina A. Ashakhanova, Oksana S. Namsaraeva

Журнал: Современная цивилистика @modern-civil-law

Рубрика: Гражданское право

Статья в выпуске: 1, 2021 года.

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The article analyzes the updated provisions of the Civil Code of the Russian Federation on the loan agreement, in particular, the expansion of the scope of the agreement at the expense of securities, considers the features of the legal regulation of the loan agreement with securities, transactions with them. We consider not only the transformations carried out, but also the very definition of securities, their legal characteristics, judicial practice of resolving disputes over the legality of concluding loan agreements before making changes. In the conclusion, we have suggested to regulate this type of loan agreements by special legislation on securities, due to the absence of detailed rules on the loan of securities in paragraph 1 of the updated chapter 42 of the Civil Code of the Russian Federation.

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Credit agreement, loan agreement, subject of the agreement, securities, brokerage, brokers, margin transactions, bill of exchange, share, bond.

Короткий адрес: https://sciup.org/148318076

IDR: 148318076

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