Leading specialist of the Department of complex structured transactions of the law office of St. Petersburg "Main Letter" (Moscow), ORCID: 0000-0002-5312-6024, e-mail: GSokolov@mainletter.ru .
Annotation:
The article explores the concept of indisputability as a qualifying feature of the notary's executive inscription. A comparative analysis of the institutions of the notary's executive inscription and writ proceedings is carried out. The author concludes that there is a clear violation of the balance of interests when appealing a perfect executive inscription by the debtor due to its increased complexity and multi-step nature. The features of debt collection under credit agreements and foreclosure on mortgaged property using the notary's executive inscription are studied. A number of controversial situations are analyzed, including those related to the problem of debt acceleration in debt collection using an executive inscription. Options for reforming this institution are proposed. The necessity of implementing conditions on the possibility of debt collection using an executive inscription in credit agreements is emphasized.
For quoting: Sokolov G. G. Features of out-of-court debt collection using the notary's executive inscription // Electronic appendix to the "Russian Legal Journal". 2022. No. 3. pp. 15-22. DOI: https://doi.org/10.34076/22196838_2022_3_15 .
Features of out-of-court debt collection using a notary's executive inscription
Year: 2022
Magazine number: 3
UDC: 347
DOI: 10.34076/22196838_2022_3_15
Author(s): Sokolov Georgy Gochevich
Leading specialist of the Department of complex structured transactions of the law office of St. Petersburg "Main Letter" (Moscow), ORCID: 0000-0002-5312-6024, e-mail: GSokolov@mainletter.ru .
Annotation:
The article explores the concept of indisputability as a qualifying feature of the notary's executive inscription. A comparative analysis of the institutions of the notary's executive inscription and writ proceedings is carried out. The author concludes that there is a clear violation of the balance of interests when appealing a perfect executive inscription by the debtor due to its increased complexity and multi-step nature. The features of debt collection under credit agreements and foreclosure on mortgaged property using the notary's executive inscription are studied. A number of controversial situations are analyzed, including those related to the problem of debt acceleration in debt collection using an executive inscription. Options for reforming this institution are proposed. The necessity of implementing conditions on the possibility of debt collection using an executive inscription in credit agreements is emphasized.
Keywords: executive inscription, notary, court order, indisputability, pledge, loan agreement, early recovery
For quoting: Sokolov G. G. Features of out-of-court debt collection using the notary's executive inscription // Electronic appendix to the "Russian Legal Journal". 2022. No. 3. pp. 15-22. DOI: https://doi.org/10.34076/22196838_2022_3_15 .
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Date of publication: Saturday, 10/22/2022