Buy-out leasing: peculiarities of normative regulation and judicial practice

An article by Mikhail Chugunov, Lawyer of the Law Firm "YUST", was published in the issue No. 23 of the “Novaya Advokaskaya Gazeta (New Advocate’s Newspaper)”. The author explains, how the Resolution by the Higher Court of Arbitration of Russia No. 16533/11 influenced the judicial practice on the matters of pledge of a leased object.

An organization, which assigns property to buy-out leasing, simultaneously pledges that property, for example, as a surety under a credit. Such situations are frequent. In their Resolution No. 16533/11, the judges indicated that such agreements are valid, but the pledge title over the property ceases, when the lessee buys the property out.

Mikhail Chugunov points out that the judicial practice of different regions interpreted the approach of the supervisory body differently. Se for more details the full text of the article.