Demand for the return of uncertificated securities: legislation, judicial practice

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The author analyzes judicial practice concerning the protection of the right holder of uncertificated securities in the context of the reform of civil legislation. He notes that courts often apply the rules on vindication instead of a special requirement for the return of uncertificated securities under Article 149.3 of the Civil Code of the Russian Federation and substantiates this trend. He comes to the conclusion that the presence of a special method of protecting the right holder of uncertificated securities is one of the signs of the existence of a special absolute right to such papers and this should be taken into account both in judicial practice and in the science of civil law.

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Essence of uncertificated securities, vindication of uncertificated securities, special demand for return of uncertificated securities, illegal write-off of uncertificated securities

Короткий адрес: https://sciup.org/170207703

IDR: 170207703   |   DOI: 10.24412/2072-4098-2024-11278-83-88

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