Ensuring the publicity of the pledge of movables: theory and trends of judicial practice

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The article deals with the information function of the register of notifications about the pledge of movable things. Based on the analysis of law enforcement practice and scientific literature, the author comes to the conclusion that the register of pledge notices is a tool that has an information function and ensures the publicity of information about pledge. He notes that an entry in the register does not have a right-generating effect, but in the event of disputes with third parties, the pledgee loses the opportunity to refer to the existence of a pledge in the absence of a corresponding entry in the register. Substantiates the need for an objective approach to assessing the prudence of the acquirer of the pledged property.

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Publicity of pledge of movable property, register of notifications of pledge of movable property, acquirer of pledged property, occurrence of pledge, termination of pledge

Короткий адрес: https://sciup.org/170200752

IDR: 170200752   |   DOI: 10.24412/2072-4098-2023-8263-58-65

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