The Moment of Emergence of the Right of Pledge under the Agreement of Pledge of Rights under the Agreement of a Bank Account

Abstract

The article analyzes the legal nature and features of the application of a pledge of rights to a bank account as a way to secure obligations. Changes in the civil legislation of Russia that legalized the possibility of using non-cash funds in bank accounts as a subject of collateral are considered. The author pays attention to historical and current problems of law enforcement, focusing on legal conflicts and judicial practice. Particular attention is paid to the mechanism for the emergence of the right of pledge, its accessory nature, as well as the transformation of the subject of the pledge from property rights to rights under a bank account agreement. As a result of a systemic analysis of legislative norms, recommendations are proposed for improving legal regulation and minimizing credit risks associated with the use of a pledge of rights to a bank account.