вопрос-ответ

❓ A question from subscriber:

📝 I lent a stranger, I have his passport as pledge. There is also a video where he confirms that he took money from me. Can I get my money back legally?

💡 Answer:
You can legally return your money only through the court, proving the validity of the actual transfer-reception of money.

📌 As for the video, any factual data can be presented as evidence in a civil case, on the basis of which, in the manner prescribed by law, the court establishes the presence or absence of circumstances on which the parties substantiate their claims and objections, as well as any other circumstances of importance for the correct resolution of the case.

📌 This information can be obtained from the explanations of the parties and third parties, the testimony of witnesses, written and material evidence, audio and video recordings, expert opinions and specialist consultations.

📌 Audio or video recordings, correspondence by e-mail or using other information and communication technologies containing information relevant to the case submitted to the court, must be evaluated by the court along with other evidence. But it is worth considering that you will definitely need to indicate when, by whom and under what conditions it was carried out.

📌 Further, the subject of pledge can be any property, including things and property rights, but with the exception of things withdrawn from circulation, claims that are inextricably linked with the identity of the creditor
A passport is not property. It does not fit the definition of pledge by any criterion and cannot be one. Therefore, he will not help you in this case.

✅ Sources:
🔹Article 267 of the Civil Code of the Republic of Uzbekistan;
🔹Article 71 of the Code of Civil Procedure of the Republic of Uzbekistan;
🔹Paragraphs 1, 17 of the Resolution of the Plenum of the Supreme Court of the Republic of Uzbekistan “On the practice of application by courts of the norms of the law on evidence and proof in civil cases”

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