Article 358. Pledge of things in a pawnshop.
1. Acceptance from citizens in pledge of movable property intended for personal consumption to secure short-term loans can be carried out as an entrepreneurial activity by specialized organizations - pawnshops.
2. An agreement on the pledge of things in a pawnshop is executed by issuing a pawnshop of a pledge ticket.
3. Pledged items are transferred to the pawnshop.
A pawnshop is obliged to insure in favor of the mortgagor at its own expense things accepted as pledge in the full amount of their assessment, established in accordance with the prices of things of this kind and quality, usually established in trade at the moment of their acceptance as pledge.
The pawn shop has no right to use and dispose of the pledged things.
4. The pawn shop is responsible for the loss and damage of the pledged things, unless it proves that the loss or damage occurred due to force majeure.
5. If the loan amount secured by the pawnshop pledge is not returned within the established time, the pawnshop is entitled, on the basis of the notary’s executive order, to sell this property at the end of the monthly grace period in accordance with the procedure established for the sale of the pledged property (clauses 3, 4, 6 and 7 350). After this, the pawnshop’s claims on the pledger (debtor) are paid off, even if the amount received from the sale of the pledged property is not sufficient to fully satisfy them.
6. Rules for crediting citizens by pawnshops on the security of things belonging to citizens shall be established by law in accordance with this Code.
7. The terms of the pledge of things in a pawnshop that restrict the rights of the mortgagor compared to the rights granted to him by this Code and other laws are void. Instead of such conditions apply the relevant provisions of the law.
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References to other articles of chapter 23. Ensuring the fulfillment of obligations:
Article 329. Ways to ensure the fulfillment of obligations.
Article 330. The concept of a penalty.
Article 331. The form of the agreement on the penalty.
Article 332. Legal Penalty.
Article 333. Reduction of the penalty.
Article 334. The concept and grounds for the emergence of a pledge.
Article 335. Pledger.
Article 336. Subject of pledge.
Article 337. Claim secured by pledge.
Article 338. Pledge without transfer and with transfer of the pledged property to the pledgee.
Article 339. The contract of pledge, its form and registration.
Article 340. Property subject to the rights of the pledgee.
Article 341. The emergence of the right of pledge.
Article 342. Subsequent pledge.
Article 343. Maintenance and preservation of mortgaged property.
Article 344. Consequences of loss or damage to the pledged property.
Article 345. Replacement and restoration of the pledged item.
Article 346. Use and disposal of the subject of pledge.
Article 347. Protection by the pledgee of their rights to the subject of pledge.
Article 348. Grounds for foreclosure of mortgaged property.
Article 349. Procedure for foreclosure of pledged property.
Article 350. Realization of the pledged property.
Article 351. Early fulfillment of the obligation secured by a pledge, and foreclosure of the mortgaged property.
Article 352. Termination of Pledge.
Article 353. Preservation of pledge in case of transfer of the right to pledged property to another person.
Article 354. Consequences of the Forced Seizure of Pledged Property.
Article 355. Concession of rights under a pledge agreement.
Article 356. Transfer of a debt under an obligation secured by a pledge.
Article 357. Pledge of goods in circulation.
Article 359. Grounds for withholding.
Article 360. Satisfaction of claims at the expense of property held.
Article 361. Contract of Guarantee.
Article 362. The form of a contract of guarantee.
Article 363. The responsibility of the guarantor.
Article 364. The right of the guarantor to object to the creditor’s claim.
Article 365. Rights of the guarantor who has fulfilled the obligation.
Article 366. Notification of the surety about the performance of the obligation by the debtor.
Article 367. Termination of a guarantee.
Article 368. The concept of a bank guarantee.
Article 369. Providing a bank guarantee of the obligation of the principal.
Article 370. Independence of a bank guarantee from the principal obligation.
Article 371. Irrevocability of a bank guarantee.
Article 372. Non-transferability of rights under a bank guarantee.
Article 373. Entry into force of a bank guarantee.
Article 374. Submission of requirements for bank guarantees.
Article 375. Obligations of the guarantor when considering the requirements of the beneficiary.
Article 376. Refusal of the guarantor to satisfy the requirement of the beneficiary.
Article 377. Limits of the obligation of the guarantor.
Article 378. Termination of a bank guarantee.
Article 379. Regressive requirements of the guarantor to the principal.
Article 380. The concept of the deposit. Form agreement deposit.
Article 381. Consequences of the termination and non-performance of the obligation secured by a deposit.