THE IMPACT OF THE ALIENATION OF THE PLEDGED OBJECT ON THE PROPER COMPOSITION OF THE PERSONS INVOLVED IN THE FORECLOSURE PROCEEDINGS ON THE PLEDGED PROPERTY

The article analyzes the question of how the transfer of rights to the pledged property from the pledgor (defendant in the case) to a third party, which occurred before the court of first instance rendered a decision on the case, should affect the composition of the persons involved in the foreclosure case. It is proved that the involvement of the current right holder of the pledged property in the case as a defendant makes it possible to avoid the adoption of unlawful and unenforceable court decisions. At the same time the author outlines the conditions for using various mechanisms provided by procedural law that can ensure the involvement of these persons as defendants in the case. It is concluded that a sufficient basis for procedural succession on the defendant’s side can only be the transfer of rights to the pledged property that occurred after the initiation of proceedings. In addition, it is argued that the defendant who lost the rights to the pledged property during the process or before it began should continue to participate in the case as a third party who does not file independent claims regarding the subject of the dispute.