The final part of the publication covers such elements of ownership right as the burden of property maintenance, the consequences of violating the prohibition to use the property in a harmful manner, the possibility of seizing an asset in the repayment of debts, including the legal status of an asset in case of bankruptcy of the owner (creditor) and user (debtor), as well as the risk of accidental loss of an item.The burden of property maintenance is transferred from the owner to the user, which must be taken into consideration not only in terms of relations between the debtor and the secured creditor, but also in terms of third-party relations. Moreover, harm done by the security asset (when the person required to compensate is the one to whom the thing belongs) must be compensated by the debtor. Foreclosure on the security asset may only be carried out with regard to the owner’s debts. In such case, the rights of its debtor and the use of the property shall be additionally protected against the person acquiring the items in the foreclosure process, as long as the debtor properly fulfills its obligations. On the same grounds, an asset must be included in the bankruptcy assets should the asset owner goes bankrupt. In case of the debtor’s bankruptcy, the owner should be allowed to seize of the property, and if the debtor refuses to return it, an ordinary proceeding, but not a separate dispute within a bankruptcy case, shall be the proper form of the asset recovery procedure.The risk of accidental loss or damage to the security asset shall be transferred to the debtor possessing the property: the debtor must continue to fulfill its obligations to the owner (creditor) despite accidental loss or damage to the item.
Translated title of the contributionSecurity Property: A Dogmatic Essay on the Example of Leasing
Original languageRussian
Pages (from-to)46-91
JournalВестник экономического правосудия Российской Федерации
Issue number4
StatePublished - Apr 2019

    Scopus subject areas

  • Law

    Research areas

  • SECURITY PROPERTY, FINANCIAL LEASING, MAINTENANCE BURDEN, BANKRUPTCY ASSETS, RISK OF ACCIDENTAL LOSS

ID: 41401958