Seizure of the property as a measure to ensure the fulfillment of civil law obligations

Abstract

The subject of this article is the consideration of the seizure of property as a measure applied by the authorized body to ensure the fulfillment of the debtor's civil obligations. The purpose of the research is to study the legal institution of property seizure as a measure to ensure the fulfillment of the debtor's obligations, to identify legal problems in the law enforcement of this instrument, and to propose ways to resolve them. To achieve this goal, the author analyzes the normative legal acts of the Russian Federation regulating the procedure for the application of seizure, explores the legal essence of seizure in civil law relations, identifies the signs of arrest and the differences between arrest and the prohibition of registration actions, considers the legal problems arising from its application. In the research, the author uses such methods as analysis, synthesis, deduction and comparison. The relevance of the article lies in the fact that the use of arrest as a measure to ensure the fulfillment of the debtor's obligations entails restrictions in the exercise of property rights. The unjustified application of property seizure that does not belong to the debtor, creates legal difficulties for a bona fide acquirer in the exercise of property rights, which entails an appeal to the court for the protection of the violated right. Despite the widespread use of seizure as a measure aimed at ensuring the fulfillment of the debtor's obligations, there is no legal concept of this type of security in the legislation of the Russian Federation. The consequence of this circumstance is the application under the guise of seizure of other measures related to the limitation of the of property rights, entailing the incorrect application of the norms of substantive and procedural law. Based on the results of the study, the author forms the doctrinal concept of seizure as a measure to ensure the fulfillment of obligations and makes proposals to protect the rights of bona fide property owners.