Обеспечительная передача долей в уставном капитале обществ с ограниченной ответственностью и акций в практике арбитражных судов Российской Федерации

Abstract

Title security for the fulfillment of obligations is one of the most controversial issues in Russian law. In the doctrine, there are different views on the security transfer of property rights. Judicial practice on issues related to the security transfer of property is also extremely controversial. The main positions on this issue were formed by the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation, these positions were the subject of the most active discussion in the legal literature. At the same time, the judicial practice of arbitration courts on this issue is not being studied so actively. The author examines the practice of arbitration courts of the Russian Federation in disputes related to the security transfer of shares and stakes in the authorized capital of limited liability companies. Based on the results of the study, the author concludes that the practice of arbitration courts in disputes related to security property is also not uniform, however, the presence of such disputes indicates the demand for this method of securing the fulfillment of obligations.