Security deposit as means of securing non-contractual protective obligations

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Introduction: the article is dedicated to the possibility of using a new means of securing the fulfillment of an obligation, i.e. the security deposit for securing obligations arising from the infliction of harm or from unjust enrichment. Purpose: to prove the possibility and perspectivity of using the security deposit for securing non- contractual protective obligations and to reveal the specific features of such a usage as compared to securing contractual obligations. Methods: along with the general scientific methods of scientific cognition (dialectical, systematic, functional, formal and logical), the specific juridical methods of legal comparison and legal modelling are used. Results: non-contractual protective obligations can only be the ground for creating a security obligation if accompanied by the compromise agreement of the parties; nevertheless, they can be independent securing objects. The dispositive method of the civil law regulation allows making agreements on securing a non-contractual obligation both before and after the creation of the obligation. Conclusions: the use of a security deposit in binding non-contractual protective legal relations can enhance the role of the private civil law enforcement and improve the efficiency of applying non-jurisdictional forms of redress for infringed civil rights.

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Security deposit, methods of securing the fulfillment of an obligation, securing legal relation, non-contractual obligations, security deposit agreement

Короткий адрес: https://sciup.org/14973454

IDR: 14973454   |   DOI: 10.15688/lc.jvolsu.2017.3.11

Статья научная