PLEDGE OF OBLIGATIONS BY COURT ORDER IN RUSSIAN AND FRENCH LAW

Khatmulina Rimma Rinatovna

The article is devoted to the study of issues related with the Pledge of obligations by Court Order Emergence and Evolution Causes in French law: Insufficient Judgments’ Enforcement problem, search of the efficient means for its solution, securing creditors’ equality principle in chargor’s bankruptcy. The author demonstrates conjoint interpretation of Point 5 article 334 and Point 2 article 358.6 of the Russian Civil Code gives the same conclusion. To harmonize of Pledge of obligations by Court Order with the chargor creditors’ equality principle under bankruptcy the author justifies the means to protect other creditors’ rights are contesting of court’s obligations attachment decision or Non-Application by Court of bailiff’s obligations attachment decision as illegal act of a state body (paragraph 13 article 12 of the Russian Civil Code) in the resolution of disputes between the chargor creditors’ and Insolvency official.

Keywords:Pledge of obligations by Court Order, bankruptcy