FEDERAL LAW OF THE RUSSIAN FEDERATION

of December 21, 2013 No. 367-FZ

About modification of part one of the Civil code of the Russian Federation and recognition voided separate legal acts (provisions of legal acts) of the Russian Federation

Accepted by the State Duma of the Russian Federation on December 13, 2013

Approved by Council of the Russian Federation on December 18, 2013

Article 1

Bring in part one of the Civil code of the Russian Federation (The Russian Federation Code, 1994, No. 32, Art. 3301; 2003, No. 2, Art. 167; 2005, No. 1, Art. 39; 2007, No. 27, Art. 3213; No. 31, Art. 3993; No. 41, Art. 4845; 2009, No. 1, Art. 14; 2011, No. 50, Art. 7347) following changes:

Paragraph 3 of Chapter 23 to state 1) in the following edition:

"§ 3. Pledge

1. General provisions about pledge

Article 334. Concept of pledge

1. Owing to pledge the creditor according to the obligation provided with pledge (pawnbroker) has the right in case of non-execution or improper execution by the debtor of this obligation to become widespread from the cost of pledged property (pledge subject) is preferential before other creditors of person who belongs pledged property (pledger).

In cases and according to the procedure which are provided by the law the requirement of the pawnbroker can be met by transfer of subject of pledge to the pawnbroker (leaving at the pawnbroker).

2. The pawnbroker mainly before other creditors of the pledger has the right to become widespread the requirement provided with pledge also for the account:

insurance indemnity for loss or damage of pledged property irrespective of in whose advantage it is insured if only loss or damage happened not for the reasons for which the pawnbroker is responsible;

the compensation which is due to the pledger provided instead of pledged property, in particular if the property right of the pledger to the property which is pledge subject stops on the bases and according to the procedure which are established by the law, owing to withdrawal (redemption) for the state or municipal needs, requisition or nationalization, and also in other cases provided by the law;

due to the pledger or the pawnbroker of the income from use of pledged property by the third parties;

the property which is due to the pledger in case of execution by the third party of the obligation, the right to require execution of which is pledge subject.

In the cases specified in paragraphs the second - the fifth this Item, the pawnbroker has the right to require the sums of money or other property which are due to it is direct from the obliged person if other is not provided by the law or the agreement.

3. If other is not provided by the law or the agreement, in case of insufficiency of the sum realized as a result of the address of collection on pledged property for repayment of the requirement the pawnbroker has the right to meet the requirement in outstanding part at the expense of other property of the debtor, without taking the advantage based on pledge.

If the sum realized as a result of the address of collection on pledged property exceeds the size of the requirement of the pawnbroker provided with pledge, the difference returns to the pledger. The agreement on refusal of the pledger of the right to the specified difference is insignificant.

4. To separate types of pledge (Article 357 - 358.17) general provisions about pledge are applied if other is not provided by rules of this Code about these types of pledge.

Rules of this Code about the corporeal rights, and in the part which is not settled by the specified rules and the law on mortgage, general provisions about pledge are applied to pledge of real estate (mortgage).

5. If other does not follow from being of the relations of pledge, the creditor or other authorized person in whose interests the ban on the order was imposed by property (Article 174. 1), has rights and obligations of the pawnbroker concerning this property from coming into force of the judgment which requirements of such creditor or other authorized person were satisfied. The priority of satisfaction of the specified requirements is determined according to provisions of Article 342.1 of this Code by date for which the corresponding prohibition is considered arisen.

Article 334.1. Bases of emergence of pledge

1. Pledge between the pledger and the pawnbroker arises based on the agreement. In the cases established by the law, pledge arises in case of approach of the circumstances specified in the law (pledge based on the law).

2. Rules of this Code about pledge based on the agreement are respectively applied to the pledge which arose based on the law if other is not established by the law.

3. In case of pledge based on the law the pledger and the pawnbroker have the right to sign the agreement governing their relations. Rules of this Code about form of the agreement of pledge are applied to such agreement.

Article 335. Pledger

1. Both the debtor, and the third party can be the pledger.

In case pledger is the third party, rules of Articles 364 - the 367th of this Code are applied to the relations between the pledger, the debtor and the pawnbroker if the law or the agreement between the corresponding persons do not provide other.

2. The thing right of disposal as a deposit belongs to the owner of thing. Person having other corporeal right can pledge thing in the cases provided by this Code.

If the thing is pledged to the pawnbroker by person who was not her owner or otherwise was not properly authorized to dispose of property what the pawnbroker did not know about and shall not know (the fair pawnbroker), the owner of pledged property has the rights and performs the duties of the pledger provided by this Code, other laws and the agreement of pledge.

The rules provided by the paragraph the second this Item are not applied if the thing pledged was lost before by the owner or person to whom the thing was transferred by the owner to ownership, or was stolen at this or that, or was disposed from their ownership of other way in addition to their will.

3. If subject of pledge is the property on which alienation consent or permission of other person or authorized body is required, the same consent or the same permission it is necessary for transfer of this property as a deposit, except as specified, when pledge arises by law.

4. If the property of the pledger which is pledge subject passed according to the procedure of legal succession to several persons, each of legal successors (acquirers of property) bears the effects of non-execution of the obligation provided with pledge following from pledge in proportion to the part of the specified property which passed to it. If the subject of pledge is indivisible or on other bases remains in common property of legal successors, they become solidary sozalogodatel.

Article 335.1. Sozalogoderzhateli

1. In the cases provided by the law or the agreement, the subject of pledge can be in pledge at several persons having on it the rights of pawnbrokers, equal on seniority, (sozalogoderzhatel) in ensuring execution of different obligations according to which sozalogoderzhatel are independent creditors.

If other is not established by the law or the agreement between sozalogoderzhatel, each of them independently performs the rights and obligations of the pawnbroker. In case of the address of collection regarding pledge, being in pledge at sozalogoderzhatel, rules of Items 2 and 6 of Article 342.1 of this Code are applied.

The sums of money realized from realization of subject of pledge are distributed between sozalogoderzhatel in proportion to the sizes of their requirements provided with pledge if other is not provided by the agreement between them or does not follow from being of the relations between sozalogoderzhatel.

2. If other is not provided by the law or the agreement, solidary or equity creditors according to the obligation which execution is provided with pledge, are solidary sozalogoderzhatel on such pledge. In case of the address of collection regarding pledge, being in pledge at solidary sozalogoderzhatel, rules of Item 6 of Article 342.1 of this Code are applied.

The sums of money realized from realization of subject of pledge are distributed between the sozalogoderzhatel who are solidary creditors on primary obligation, according to the procedure, stipulated in Item 4 articles 326 of this Code. The sums of money realized from realization of subject of pledge are distributed between the sozalogoderzhatel who are equity creditors on primary obligation in proportion to the sizes of their requirements provided with pledge if other is not provided by the contract between them.

Article 336. Pledge subject

1. Any property, including things and property rights, except for property on which the address of collection, the requirements inseparably linked with the identity of the creditor, in particular requirements about the alimony, about indemnification, caused to life or health, and other rights which concession to other person is prohibited by the law is not allowed can be subject of pledge.

Pledge of separate types of property can be limited or prohibited by the law.

2. By the agreement of pledge or concerning the pledge arising based on the law, the law pledge of property which the pledger will acquire in the future can be provided.

3. Pledge extends to the fruits received as a result of use of pledged property, products and the income in the cases provided by the law or the agreement.

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