Development of General Provisions on Security Transactions and Rules on Security Payments in Judicial Practice

Abstract

The paper analyzes the influence of the legal positions of the courts on the development of the institution of security transactions. The conclusion is substantiated that a number of acts of judicial practice in the Russian legal system have the feature of being generally binding. In terms of the development of general provisions on security transactions, the specificity of the application of the general rule on the absence of influence of the validity of the transaction from which the main obligation arises on the validity of the additional obligation is shown: a penalty is excluded from the scope of this rule by judicial interpretation. The development in law enforcement of security transactions not named in Chapter 23 of the Civil Code of the Russian Federation is shown: foreclosure leasing, commodity penalties, the amount of compensation for unilateral withdrawal from the contract. The main approaches of current judicial practice in relation to the calculation of the penalty are systematized, seven main criteria for its reduction are identified. Conclusions are drawn about the peculiarities of the legal structure of the deposit under the preliminary agreement and the security payment. It is stated that the development of law enforcement practice in the field of enforcement of obligations occurs to a greater extent in relation to individual security transactions, the development of general provisions is carried out in fragments.