The pledge agreement of future movable assets

Abstract

This article is devoted to studying the pledge agreement of future movable assets. Analysis of this institute is carried out in the light of changes in Chapter 23 of the Civil Code of the Russian Federation in connection with the entry into force of the Conception of development of civil legislation. The author reaches into the history of this institute from the moment of its appearance in Roman law to its first mention in Soviet regulations. He carries out a comparative analysis of current Russian regulation with the recommendations of the authors of the Model Rules of European Private Law and the UNCITRAL Legislative Guide on Secured Transactions. The author touches on the issues when the right of the pledge arises for the parties of the agreements and for the third parties and also the issue of the seniority of the pledge in connection with appearance of the system of the pledge registration. Refs 16.