• A
  • A
  • A
  • ABC
  • ABC
  • ABC
  • А
  • А
  • А
  • А
  • А
Regular version of the site

Ruling of the Constitutional Court of 28 June 2012 № 1252-О on the refusal to accept for consideration the complaint of the Open Joint-Stock Company “Fabrika Proizvodstva Platkov” against the violation of constitutional rights and freedoms by Articles 337 and paragraph 1 of Article 352 of the Civil Code of the Russian Federation, and also paragraph 1 of Article 50 of the Federal law “On Mortgage (Pledge of Immovables)”

Legal issue: whether the contested provisions are constitutional, if – according to an interpretation given by courts, in particular by the Plenary Session of the Supreme Arbitrazh (Commercial) Court in its Decree of 17 February 2011 № 10  “On Certain Questions of the Application of Legislation on Pledge” - they do not permit the termination of the pledge in the event of such a change of the obligation secured thereby, which entails the increase of liability of the pledgor and the risk of his losing the pledged property.

Ratio decidendi: the Court refused to accept the complaint for consideration, because the admissibility criteria were not met. All the same, the Court endorsed the approach shown by the Supreme Arbitrazh (Commercial) Court in the aforementioned judgment, and stated that the current legislation enables the pledgor to reasonably envisage the material consequences of securing the obligation in question, to protect his property interests in case of a change of the underlying (principal) obligation, and it is not uncertain as far as the grounds for termination of a pledge are concerned.

Document  (153.90Kb)

Subject areas: 
Civil law  Pledge 

 

Have you spotted a typo?
Highlight it, click Ctrl+Enter and send us a message. Thank you for your help!
To be used only for spelling or punctuation mistakes.