SUBSIDIARY LIABILYTY OF GUARANTORS ENTERING INTO SURETY AGREEMENTS ON INVESTMENT PLATFORMS

The paper contemplates to the issues of subsidiary liability of guarantors entering into contracts of assignment to the investment platform. The article presents an analysis of Russian legislation on the subject under study, as well as an analysis of local regulatory documents - the rules of investment platforms. The purpose of the study is to analyze the legislation of the Russian Federation regulating the legal relations related to the subsidiary liability of guarantors who conclude a guarantee agreement through the operator of the investment platform. Conclusions obtained in the course of the study. Subsidiary liability is a type of civil liability, the main purpose of which is to restore the property rights of a person violated in the commission of a civil offense. The subsidiary responsibility of the guarantors entering into the contract with the persons investing on the sole proprietor consists in the obligation to be responsible for the non-fulfillment/proper fulfillment of the obligations by the borrower under the loan agreement. The subsidiary liability of the guarantor arises from the moment the borrower refuses to fulfill its obligations on the investment platform or leaves unanswered the investor's claims for repayment of the debt, including in written (electronic) form. If an agreement is concluded on the investment platform, in addition to the guarantee agreement, the pledge agreement between the borrower and the investor, the guarantor has the right to reimburse the investor for the debt from the pledged property and receives the rights of the pledgee. The guarantor has the right to raise objections to the person who demanded repayment of the debt, if he did not receive information about the court session to be held between the debtor and the creditor, and at which the decision was made to repay the debt by the guarantor. The legal regulation of the subsidiary liability of the guarantor entering into the contract on the investment platform is similar to the legal regulation of the subsidiary liability of the guarantor in other situations. The conclusion of a guarantee agreement in the form of a smart contract on the investment platform does not affect the procedure for the performance of obligations by the guarantor.

subsidiary responsibility, operator, investment platform, surety, guarantors, contract, investor, the borrower