Правовая природа договора управления залогом

Abstract

Introduction. The paper analyzes the legal nature of a new contractual structure – the collateral management agreement. The doctrinal developments of this institution, the defects in the legislative consolidation, and the features of law enforcement implementation are investigated. Purpose. To analyze the legal nature of the collateral management agreement and determine its place in the system of civil law contractual structures. Methods. The methodological framework for the research is based on the methods of scientific cognition, including such main ones as the methods of consistency, analysis, and comparative law. Results. The features of the collateral management agreement are revealed through its correlation with related contractual structures of civil law. Conclusions. The collateral management agreement is not an independent contractual structure, and despite the generally understandable logic of the legislator seeking to concentrate the rules on collateral in the section dealing with this method of ensuring the fulfillment of obligations, the author considers it more appropriate to transfer the rules on it to the second part of the Civil Code of the Russian Federation.