Problematic issues of protecting the interests of a bona fide mortgagee

the article analyzes the main nuances and features of protecting the interests of a bona fide mortgagee, which is based on the norm of paragraph 2, paragraph 2, Article 335 of the Civil Code of the Russian Federation on the preservation of pledge rights in a situation of incompetence of the mortgagor, which the mortgagee did not know and could not know. The paper analyzes the issues of extending the protection of bona fide mortgagees when pledging not only things, but also other property, and also examines cases in which the protection of the interests of a bona fide mortgagee acquires special procedural forms of its implementation, which is supported by real examples from practice. In conclusion, the author concludes that it is necessary to exercise an increased level of prudence when verifying the legal purity of the pledge agreement before concluding it in order to maximize the risks of subsequent loss of collateral, which can occur regardless of the good faith of the pledgee.

pledge, good faith, right of pledge, bona fide mortgagee, loss of the right of pledge, preservation of pledge