Martynets, P.V. Legal nature of international interest in mobile equipment

Abstract: In the situation of growing transborder turnover the mechanisms for securing obligations have a decisive value. The means for securing obligations remain among the least regulated spheres in transborder trade. The most natural way out of this situation is adoption of a single unified act. In practice the application of various unification documents is complicated by the differences in the contents of the main legal institutions. The article provides the study of the use of terminology under the Convention on International Interests in Mobile Equipment within the framework of the Russian law. The author makes a conclusion on the need to interpret the Convention autonomously in accordance with its basic principles. The author points out the inadequacies in the Russian translation of the Convention. He also draws a conclusion on the considerable degree of reception of the concepts of the Anglo-Saxon legal family by the Convention, and the author notes the similarities in the international interest, and secured interest, providing general characteristics of the secured interest as an institution of the real law of England. The article further studies the contents of an international interest. In particular, the author reviews the contracts, mediating the formation of an international guarantee. The author evaluates the main feature of an international interest, providing brief analysis of the means of legal protection, their differentiation depending on the securing deal, as well as a number of accessible measures of influence on the failing party. The author makes a conclusion of the real law nature of an international interest.

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