Depositary registration of mortgages
Abstract
The article considers the question of registration of the right to mortgages in a depositary and the consequences of such registration and transfer of mortgages in the custody of a depositary. The conclusion is made that the possibility of registration of rights and their transfer to a depositary does not contradict the current legislation concerning securities; however it contradicts the principle of presentation when the demand for discharge of securities obligations is made. The reduction of the material object when transferring a mortgage in the custody of a depositary requires creation of special mechanisms of realization of rights of its owner.
Keywords:
mortgage, securities, depositary registration, immobilization
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Articles of "Vestnik of Saint Petersburg University. Law" are open access distributed under the terms of the License Agreement with Saint Petersburg State University, which permits to the authors unrestricted distribution and self-archiving free of charge.