Komercķīlas regulējuma pilnveidošanas iespējas

Abstract

Although the regulation and very existence of commercial pledge as one of the types of registered pledge in Latvia have certain benefits for legal transactions and economy in general, several issues may be identified in respect to the commercial pledge regulations in Latvia. These issues are mainly related to attempts to avoid detention rights, which other persons may have over the property, which sometimes actually and sometimes allegedly is pledged to the other person under the commercial pledge, as well as uncertainties related to the scope of the pledged property. Within this article, the author analyses these issues and proposes solutions to them mainly in the form of several amendments to the Latvian Commercial Pledge Law (Komercķīlas likums).