Mikhail Stepkin, senior lawyer at the Nadmitov, Ivanov and Partners Law Firm, gave comments to Pravo.ru for the article "The Supreme Court allowed to demand a pledge of an unclaimed debt."
The creditor did not want to collect the debt in court, but immediately demanded the subject of the pledge. Two instances asked him to first judge the basic obligation. But the Supreme Court allowed not to do so and to take a shortcut. He explained: the pledgee can foreclose on the subject of the pledge if the debtor fails to fulfill the obligation secured by the pledge.
In the meantime, there is no need to worry about it. ”
“Previously, there was no interpretation of these norms at the level of the Supreme Court. I believe that the definition of the Supreme Court will contribute to the uniformity of judicial practice and be applied in the considered category of cases under similar circumstances,” says Mikhail Stepkin. “Considering that, when considering this case in the court of first instance, the existence of the obligation and the fact of its failure to fulfill it were not disputed, it is highly likely that the stated requirements will be satisfied”.
More: https://pravo.ru/story/224448/