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05/12/2025
Friday
THIS DAY IN HISTORY:
5 December 
1936 The Stalinist Constitution of the USSR was adopted.
1936 the Stalinist constitution of the USSR was adopted.
1484 Pope Innocent VII initiated the "witch hunt".
1456 An earthquake that destroyed Naples occurred - 35 thousand people died.
1456 occurred an earthquake that destroyed Naples - 35 thousand people died.
5 December
1936 The Stalinist Constitution of the USSR was adopted.
1936 the Stalinist constitution of the USSR was adopted.
1484 Pope Innocent VII initiated the "witch hunt".
1456 An earthquake that destroyed Naples occurred - 35 thousand people died.
1456 occurred an earthquake that destroyed Naples - 35 thousand people died.
The right to lease a land plot as a collateral "island"
The creditor filed a claim with the court to recognize his claim included in the register as collateral (case No. A33-25067/24).
Courts at both levels rejected the petition, arguing that the legal provisions regarding collateral securing the rights of shared construction participants do not apply to contracts for the transfer of non-residential premises where the construction project is not an apartment building, but an office building.
The cassation court remanded the dispute for a new trial, noting that, according to the terms of the contract, the creditor's claim was also secured by a pledge of the leasehold right to the land plot. In filing the petition, the creditor, among other things, requested that its claim be recognized as secured by a pledge of the leasehold right to the land plot. Given these circumstances, the cassation court found that the courts had not established all the factual circumstances of the case and had not properly assessed all the applicant's arguments. Therefore, the courts' conclusions were based on an incomplete clarification of the circumstances material to the case.
The courts were required to evaluate the creditor's arguments regarding the recognition of the claim as secured by a pledge of the right to lease a land plot, verify whether the pledgee's right arose in the prescribed manner, whether it had been terminated on the grounds stipulated by law, whether the debtor possesses the pledged property in kind (whether the possibility of foreclosure remains), and then determine whether there are grounds for satisfying the stated claims in this regard.
Photo: Freepik
Courts at both levels rejected the petition, arguing that the legal provisions regarding collateral securing the rights of shared construction participants do not apply to contracts for the transfer of non-residential premises where the construction project is not an apartment building, but an office building.
The cassation court remanded the dispute for a new trial, noting that, according to the terms of the contract, the creditor's claim was also secured by a pledge of the leasehold right to the land plot. In filing the petition, the creditor, among other things, requested that its claim be recognized as secured by a pledge of the leasehold right to the land plot. Given these circumstances, the cassation court found that the courts had not established all the factual circumstances of the case and had not properly assessed all the applicant's arguments. Therefore, the courts' conclusions were based on an incomplete clarification of the circumstances material to the case.
The courts were required to evaluate the creditor's arguments regarding the recognition of the claim as secured by a pledge of the right to lease a land plot, verify whether the pledgee's right arose in the prescribed manner, whether it had been terminated on the grounds stipulated by law, whether the debtor possesses the pledged property in kind (whether the possibility of foreclosure remains), and then determine whether there are grounds for satisfying the stated claims in this regard.
Photo: Freepik
21.11.2025
