Guarantee Term: A View through Prism of Positions of the Constitutional Court of the Russian Federation

Abstract

The article analyzes current issues regarding of the guarantee term (period of third-party pledge), as reflected in decisions of the Constitutional Court of the Russian Federation: Resolution No. 18-P of April 15, 2020, and Resolution No. 8-P of February 26, 2024. The nature of the guarantee term (period of third-party pledge) is examined, and the relationship between the term and limitation period is discussed. Attention is drawn to the arguments of the Constitutional Court, that has recognized the guarantee term (period of third-party pledge) as a preclusive period. This approach is traditional in modern Russian civil law and judicial practice. However, this approach reveals a lack of consistency in the normative use of limitation period and preclusive period. The article demonstrates the need to develop a clear and consistent doctrine of preclusive periods in Russian law, similar to that in German law. The admissibility of applying the provisions of Chapter 12 of the Civil Code of the Russian Federation on the limitation period to the guarantee term (period of third-party pledge) is also analyzed. The validity and appropriateness of such an analogy in Russian law are demonstrated. In particular, the possibility and appropriateness of applying the rules on the suspension, non-running, interruption, and renewal of the limitation period to the guarantee term (period of third-party pledge) are examined. The thesis of the Constitutional Court of the Russian Federation that a need for special legal protection for the guarantor (the pledgor — a third party) through preclusive periods is determined by the desire of the legislator to eliminate uncertainty of his legal status as a person who secures someone else’s debt (Resolution of 15.04.2020 No. 18-P) is analyzed separately. The importance of this conclusion is demonstrated. It is noted the adoption of this conclusion could lead to a fundamental change in judicial practice. In particular, the temporal restrictions established by paragraph 6 of Article 367 of the Civil Code of the Russian Federation will be eliminated for guarantors (pledgors) who only formally have the status of a third party, but in reality economically secure their own debt. The study utilized general scientific methods (classification, generalization, description, comparison, analysis, synthesis, and others) and legal (methods: logical, systemic, and teleological interpretation. Comparative law was also used as a research method.