Legal dispute as a reason for the accessory nature weakening of secured obligations

The article analyzes the significance of the emergence of a dispute over the right for the property of accessory nature of an obligation as a particular manifestation of the peculiarities of the dynamics of a disputed legal relationship. It substantiates the assumption made in the literature that the weakening of accessory nature is a consequence of the emergence of a dispute over the right and a protective legal relationship between the creditor and the guarantor or pledgor. In situations where the obligation to fulfill a requirement arises not by virtue of a direct indication of the law as a consequence of a violation, but as a result of a combination of circumstances, including as a consequence of the failure to fulfill an obligation by the principal debtor, a dispute over the right and a protective legal relationship between the creditor and the guarantor or pledgor arises when a claim is presented to them, and not only due to a violation committed by the principal debtor. Therefore, it is necessary to establish the mandatory presentation of such a pre-trial claim for all cases of surety and pledge, as well as for other situations where a claim does not arise simultaneously with a violation of a regulatory obligation. It is also substantiated that the liquidation of the principal debtor does not terminate the protective duty of the guarantor and the pledgee, since the presentation of claims to the guarantor (pledgor) does not simply give rise to a protective legal relationship with his participation, but makes him a party to a single protective legal relationship with a plurality of persons on the side of the debtor, into which the regulatory legal relationship between the debtor and the creditor that existed before the violation and the regulatory legal relationship from the surety/pledge agreement are transformed.