Abstract
The relevance of the work lies in the fact that traditional ways of ensuring the fulfillment of obligations do not fully satisfy the needs of civil circulation, therefore, modern civil legislation needs more flexible legal structures. This situation encourages participants in civil turnover to search for alternative ways to ensure their property interests and is the main reason for emergence of unnamed ways to ensure fulfillment of obligations. The article defines the legal basis of such methods of ensuring fulfillment of obligations as a state (municipal) guarantee, security sale and fiduciary collateral, as well as their place in Russian legal system. Cases of application of these methods in practice are analyzed. The novelty of the study lies in assessing the current state of individual unnamed ways to ensure the fulfillment of obligations made on the basis of analysis of doctrine, legislation and law enforcement practice. Conclusions: Civil law, which offered participants of the obligation relations other ways to ensure the fulfillment of obligations, did not form sufficient criteria and provisions for their regulation. The main difficulties of law enforcers associated with unnamed ways of ensuring the fulfillment of obligations arise due to the lack of unity of opinion on their legal nature in the doctrine, which leads to the difficulty of their settlement and does not allow to occupy a proper niche in civil law. The leading research approach of the study includes such scientific methods as dialectics, analysis, synthesis, deduction, comparative legal and formal legal method.
Highlights
Participants in obligation relationships have always tried to protect their interests and ensure the fulfillment of obligations undertaken by the other party
Most authors believe that a state guarantee can be attributed to unnamed methods of ensuring the fulfillment of obligations if it contains at least one element extracted from the regulatory structures mentioned in Chapter 23 of the Civil Code of the Russian Federation
Having analyzed the theoretical and practical issues of unnamed ways to ensure fulfillment of obligations, the following conclusions are drawn: 1. Civil law, which offered the participants of the obligation relations other ways to ensure the fulfillment of obligations, did not form sufficient criteria and provisions for their regulation
Summary
Participants in obligation relationships have always tried to protect their interests and ensure the fulfillment of obligations undertaken by the other party. In order to pre-secure property interests of the creditor, to receive guarantees for proper performance of the obligation by the debtor, methods of ensuring the performance of obligation are provided for by law or by agreement of the parties. In Art. 329 of the Civil Code of the Russian Federation, methods for ensuring the fulfillment of an obligation are indicated, it assumes the presence of many other, unspecified and unnamed methods, which, we believe, are a reliable means of guaranteeing the fulfillment of an obligation
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