Granting the creditor with ownership of the asset serving as property security is widely applied in commerce as an optimal alternative to a pledge. Such an ownership right is often referred to as «security ownership». In this publication, the content of security ownership as a right in rem is described with the concept of leasing as an example. The components of the ownership right (the elements of the «bundle of rights») are divided between the owner (creditor) and the user (debtor). This division is based on the fact that the latter needs the entitlement in order to possess and use the asset to generate benefits and profits (while the owner retains some elements of the property’s control) and also needs the entitlement ( erga omnes ) to receive ownership after the performance of contractual obligations agreed by the parties. At the same time, the creditor’s title, without being ancillary, is encumbered with the debtor’s multicomponent limited right in rem. The situation of «dual» possession exists, where the debtor is the direct possessor of the asset and the owner (creditor) is the indirect possessor. This situation requires informing third parties by entering information into the relevant public register. Granting the creditor with ownership of the property provides him the chance to rely on the feature of elasticity. This means that after cancellation of the corresponding contract, the debtor’s rights to property will terminate and the creditor’s ownership will be fully restored.
Translated title of the contributionSECURITY PROPERTY: A DOGMATIC ESSAY ON THE EXAMPLE OF LEASING
Original languageRussian
Pages (from-to)51-112
JournalВестник экономического правосудия Российской Федерации
Issue number2
StatePublished - Feb 2019

    Research areas

  • SECURITY OWNERSHIP, LEASING, PLEDGE, PROPERTY SECURITY

    Scopus subject areas

  • Law

ID: 41401699