PROBLEMS OF APPLICATION OF CONTROL MECHANISMS FOR CASH BALANCE IN COLLATERAL ACCOUNTS

Abstract

The author analyzes separate issues of application of Art. 358.9-358.14 of the Civil Code of the Russian Federation. In practice, there are various difficulties depending on the type of monetary pledge in a collateral account: pledge for the whole sum in the account and a pledge for the convertible cash in the account. In particular, the author points to the irrationality of saving of a pledge for the whole sum of money in case of partial performance of the secured obligation, the possibility of abuse of the collateral account by the pledgor, etc.