Retention is one of the types of security for obligations , which consists in the fact that [[the creditor lawfully holds the thing that belongs to the debtor or is subject to transfer to a third party at the direction of the debtor , until and since the debtor's demand for payment of such thing has been fulfilled on time costs associated with this thing and other losses. According to a special rule of the Civil Code of the Russian Federation , collection of such a thing is carried out in the same way as if it were in a pledge . It is because of the latter property that retention should be classified as security for liabilities .
As can be seen from the very definition of retention [1] , it does not require any special agreement or documentation. The behavior of the creditor who holds the property is passive, and his right in relation to the debtor in this case is that he has the right to refuse to transfer the property to both the debtor and a third party at the direction of the debtor.
In the Civil Code of the RSFSR, such a guarantee as deduction was absent, and therefore the deduction itself was legally uncertain. If the creditor, at his own risk, disposed of the property of the debtor at his own risk, then he risked getting a claim from the debtor or a third party related to the losses of both the debtor and the third party, since such behavior of the creditor was not directly recognized as lawful. In modern Russian legislation , this uncertainty is removed.
Official Interpretation
Legal acts of the Russian Federation
- Art. 359 , Art. 360 of the Civil Code of the Russian Federation .
Notes
- ↑ Ilya, hello again! There Gena announced that we would give you the last warning - that this time the reason is good, although by standard they could do a hold . But next time perhaps there will be no warnings.