2023•Rossijskoe pravosudieRequires access

Development of the Institution of Collateral

В. И. Кулаков

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Abstract

The article highlights the history of collateral law. The features of the early stage of the development of the institution of collateral in Ancient Rome, the reasons for the departure from the strictly personal nature of collateral law are shown, the main features of mortgages are highlighted. The shortcomings of Roman pledge law are shown, many of which should be taken into account at the present stage of legal regulation of pledge legal relations, including the diminution of the priority of the pledge by a large number of priorities. The article highlights the features of the pledge in Ancient Russia, pre-revolutionary Russia. The article also pays attention to modern domestic collateral law.

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What this paper is about

The article highlights the history of collateral law. The features of the early stage of the development of the institution of collateral in Ancient Rome, the reasons for the departure from the strictly personal nature of collateral law are shown, the main features of mortgages are highlighted. The shortcomings of Roman pledge law are shown, many of which should be taken into account at the present stage of legal regulation of pledge legal relations, including the diminution of the priority of the pledge by a large number of priorities. The article highlights the features of the pledge in Ancient Russia, pre-revolutionary Russia. The article also pays attention to modern domestic collateral law.

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Available abstract

The article highlights the history of collateral law. The features of the early stage of the development of the institution of collateral in Ancient Rome, the reasons for the departure from the strictly personal nature of collateral law are shown, the main features of mortgages are highlighted. The shortcomings of Roman pledge law are shown, many of which should be taken into account at the present stage of legal regulation of pledge legal relations, including the diminution of the priority of the pledge by a large number of priorities. The article highlights the features of the pledge in Ancient Russia, pre-revolutionary Russia. The article also pays attention to modern domestic collateral law.

Key concepts: Pledge, Collateral, Institution, Political science, Law, Business, Law and economics, Sociology

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