Rights Accounting Systems for Various Contractual Relations

Abstract

The paper examines a number of systems of accounting of rights concerning individual contractual relations in their relation to the systems of state registration. The key attention is paid to the consideration of the notary system of accounting for movable property pledges operating in Russia since 2014. With regard to the solution of the problem of accounting the pledge of non-individualized property, the authors conclude that it is possible to adapt the construction of fixed charge to the needs of modern turnover. It is proposed to consider the issue of supplementing the standard of bona fide behavior of the pledger (collateral giver) by placing on the pledged items without other individualizing designations, information that includes the number of the notice of pledge, as well as the corresponding code (barcode, QR code) in any form. The authors focus on the need to supplement the register of notices of pledges with the information concerning the amount of the claim secured by the pledge. On the basis of the analysis of foreign experience, it is concluded that it is advisable to preserve the possibility for the pledge holder (collateralholder) to go to the notary to register the notice in the register. Suggestions have been made to amend the mortgage legislation. With regard to intellectual property accounting systems, there is no legal impediment to the development of such accounting systems with regard to intellectual activity and relevant intellectual rights; the examples of accounting systems in this area are given. The development of such systems will allow to involve in legal circulation a much larger number of digital objects of intellectual rights and create maximum guarantees for the protection of their holders.