Principles of Pledge of Rights under a Bank Account Agreement

The pledge of rights under the bank account agreement arose in Russian legislation relatively recently. Due to the low degree of elaboration of this topic in the scientific literature and the periodically arising difficulties in law enforcement practice, it seems advisable to determine which principles underlie the institution under consideration. During the consideration of this issue, the fundamental principles of the lien were determined and considered, taking into account their development in the Russian legislation; specifics of the implementation of the principles of the security right in respect of pledge of obligations rights; the subject matter of the bank account agreement was determined; the features of the subject of pledge of rights under the bank account agreement are established. Based on the results of the study, the following conclusion was formulated: from the six basic principles of the security right to pledge rights under the bank account agreement, only three principles apply: two principles - the principle of priority and specialization - are applied in full, one principle - the principle of accessory - is only partially applied. In this regard, the position of the legislator is absolutely justified, according to which the absence of a number of principles aimed at protecting the rights and legitimate interests of the pledgee was replenished by "strengthening" the remaining principles, in particular the principle of the specialty.