Banks to guarantee deposits

On Friday, April 22, Rossiyskaya Gazeta wrote that the banks now will not have problems with obtaining mortgages for the debts of the creditors. The Supreme Arbitration Court greatly simplify this procedure. As the newspaper notes, the Union of Lawyers of Moscow reacted negatively to this decision, stating that it could jeopardize the credit system in the country. Meanwhile, in the Supreme Arbitration Court (IAC), both managed to find a correspondent of the Russian newspaper "did not intend to abandon his position. He was told that was correct, balanced solution that protects banks and close loopholes for fraud in the collateral. Until now, the courts of any instances proceeded from the assumption that the change in the credit agreement will automatically terminate the contract of pledge under this loan. And in the case of large loans is just and concerns of real estate. Consequently, the creditor has not received due to him for money. Now, however, believe in you, justice is done. Creditors in case of nonpayment of the loan will reimburse the "loss" of the pledged property, no matter what the circumstances. Under Russian civil law, said, "WG" Head of Private Law of the Supreme Arbitration Court of Roman Bevzenko, the lender - the weak side, the contract with him easy to break, including by means of bogus schemes with collateral and guarantors. Such a sly scheme before making decisions YOU thought just changing the borrower the loan contract with the bank. Now it's impossible. "In any case, the situation becomes worse than the mortgagor, because immediately agrees to pay the debts of the borrower's property" - explains Bevzenko. What member of the Union of Lawyers of Moscow Ruslan Gorbatovsky leads his counterarguments: "Ruling, which allows to change the credit contract without informing the mortgagor, endangers institution collateral, and thus the entire credit system in the country." Lawyer predicts that it will create the financial market of new fraud schemes. For example, a. The company takes a loan of $ 100 million. Is a third person - the mortgagor. And asks him to vouch for his property, leaving as collateral a building or land. The deal is concluded and recorded. And then the borrower and the bank without the consent of the mortgagor enter into an additional agreement with the known unfavorable conditions of the loan repayment. And all - security is doomed. With such a perspective, depositors simply will not communicate with the loans, according to lawyers that will lead to problems in the credit market, which is already barely breathing. Such an option - "nonsense" skeptical retorts Bevzenko. According to him, arbitration practice simply does not know of such cases, whenever a "good naive pledgor, commercial entity, would risk his property for the benefit of outsiders who do not have to do with it third persons." As noted by "Rossiyskaya Gazeta", the decision of Supreme Arbitration Court has already entered into force. And since this is the highest authority in Russia for economic disputes, it becomes a guide to action and binding arbitration courts. Now the lawyers' union in Moscow are preparing a complaint to the Constitutional Court with a proposal to recognize unconstitutional Plenum of the RF, which restricts the rights of depositors in the use and disposal of mortgaged property.