Аkinfieva V.V. Security Deposit as Means of Securing Non-Contractual Protective Obligations

DOI: https://doi.org/10.15688/lc.jvolsu.2017.3.11

Victoriya V. Аkinfieva, Senior Lecturer, Department of Entrepreneurial Law, Civil and Arbitration Procedure, Perm State National Research University, Bukireva St., 15, 614990 Perm, Russian Federation,  This email address is being protected from spambots. You need JavaScript enabled to view it.

Introduction: the article is dedicated to the possibility of using a new means of securing the fulfillment of an obligation, i.e. the security deposit for securing obligations arising from the infliction of harm or from unjust enrichment. Purpose: to prove the possibility and perspectivity of using the security deposit for securing noncontractual protective obligations and to reveal the specific features of such a usage as compared to securing contractual obligations. Methods: along with the general scientific methods of scientific cognition (dialectical, systematic, functional, formal and logical), the specific juridical methods of legal comparison and legal modelling are used. Results: non-contractual protective obligations can only be the ground for creating a security obligation if accompanied by the compromise agreement of the parties; nevertheless, they can be independent securing objects. The dispositive method of the civil law regulation allows making agreements on securing a non-contractual obligation both before and after the creation of the obligation. Conclusions: the use of a security deposit in binding non-contractual protective legal relations can enhance the role of the private civil law enforcement and improve the efficiency of applying non-jurisdictional forms of redress for infringed civil rights.

Key words: security deposit, methods of securing the fulfillment of an obligation, securing legal relation, non-contractual obligations, security deposit agreement.

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