Diffusion value of the pledge. Collector activity. Николай Камзин

inner world of man has no boundaries, a person in the development process set things in order there, the outer world is a reflection of the world controlled by society, in which a person carries out its vital functions, there exist in society and dynamically evolving social controls, which formed the right and legal controls, state-controlled and society from the political superstructure.

      Politics is concentrated economics, control of the economy, but rather it is a catalyst for the category of money, money, a matter of law, currency, and money institution.

      Features real people, potential, assimilated in the society to a certain number of them, man-made public goods, are also equivalent in the society some of their number.

      Because the dynamics are the benefits to society as a catalyst corresponded money from one entity to another, thus, are in constant motion, and the process is currently in human history, developing commodity-money relations in society.

      Man that is the subject of cooperation in society through voluntary actions affects its environment and simultaneously exposed to its influence. The human psyche, the inner world, reflecting the outer forms the totality of needs enabling them satisfaction through action. Acts committed by a person in society, must meet the standards to be within agreed with the company rules of conduct. The Company is regulated by interactions occurring therein entities. Governed by strict regulation of interaction by permission or prohibition of activity in a particular field.

      If an entity becomes a party of any relationship, it is endowed with a set of rights and burdened with a set of responsibilities, which corresponded, and other participants in relationships. The right set of features determines the acquisition, which sought to broaden the subject and which seeks to anyone in the development of his personality. The human psyche is set up so that the dynamics of the inner and outer world of man is in constant correspondence, and a favorable combination of circumstances is setting goals, creating results in the inner world and the achievement of its external, with different development status quo mentality experiencing stress and a person suffers an adverse effect of negative the result.

      Formed relationships in the community, involve human activity in their implementation. The set of actors to join them on a regular basis in order to achieve a predetermined result. Established practice of the most active subjects suggests some rules of data relationships that are made in the tacit rules accepted by all participants of relations. “We cannot live in society and be free from society”. The resulting institution of civil society drew the attention of the State that the formation of opinion need to support the tacit rules of state coercion, these relations will settle the legal norm.

      The most unfortunate sanction to the “evil” entity, its exclusion from the team, “ostracism”. Apply it can civil society by deciding not to join with "undesirable" in the subject of relationships, the decision will be known to all possible counterparts of collective solidarity and it will be done, but in a market economy, the pressures of this decision is the essence of the concept of “cause”. In the economic benefits of a separate entity because of “exiled” entity, assessing risks, it is able to change the collective interest. Under state regulation as public relations, there is an expansion team to the level of the whole society, and the sanction for violation of “rules of the game” lies in the law is inevitable, and very unfavorable for the “cause” of the economically active single entity, increasing its risk. Legal regulation provides for action in a particular area and number of persons universally rules of law that governs the actions of subjects, defined relationships, setting some boundaries within which the balance formed public relations.

      1.3.Institutional affiliation of collateral relationship. Specificity of civil regulation

      The question of the institute of law is a pledge (lien, the relationship) – of property or a debt, has a long history, and, of course, many have tried to resolve it[14].

      Г. Дернбург, Г.Ф. Шершеневич, Ю. Барон, В.М. Будилов and other authors have assumed that the bail is extremely proprietary institution, an essential feature of which is the alienation and transfer of things with the emergence of a mortgagee the right to the mortgaged property. Proponents of a material nature of collateral generally acknowledge the existence of the Law of Obligations hell collateral, but indicate that only features in ram collateral account of its nature. The main arguments in favor of a material nature of collateral commonly referred to as: following the law of collateral pledged for, the absolute protection of the lien creditor against any person and the resolution of conflict on the basis of seniority of creditors. The jurisprudence confirms this position[15]. Other authors, such as Д.И. Мейер, Л.В. Гантовер, Л.А. Кассо, А.С. Звоницкий, С.И. Вильнянский and В.М. Хвостов, viewed as a pledge of obligations law institute. Proponents of obligations of the legal nature of collateral relied mainly on the following considerations: a pledge does not give her the subject of the possibility of prolonged direct exposure of the thing. The domination of the creditor over a thing does not even influence character: while the existence of the debt security leads to burdening things, payment of the debt burden is destroyed[16].

      We cannot agree either with the advocates of a material nature of collateral, or the adherents of his Obligations of nature, since both of these positions greatly simplify the nature of the collateral by reducing it to the characteristics of complex formed in the civil law institutions.

      At the present stage of development of knowledge about the relationship of collateral issue, the legal nature of the collateral remains open, what stresses existing interest in this institution and the relevance of research in this area. Besides the practical relevance of research collateral relationships exist scientific interest, as confirmed by carrying out research in this area, preparation of papers on related topics. Nature of mortgage is twofold, and it is characterized as proprietary, and as the Law of Obligations, the focus on this issue distracts the researcher from the spirit, which consists in the method of enforcement of obligations.

      If we consider the legal structure of collateral relations in society, the legal registration of the collateral encumbered by rules of law of obligations. When activated, the creditor in respect of the collateral when it comes to the right of bail as a right, and burdensome thing that follows it, there is a real right[17].

      Thus, on the mortgage, with its existing item of publicity, namely the registration of the commission, confirming the charge, I believe, by the proprietary rule of law. A key player in credit relations in the broadest sense is a credit institution whose primary function is to provide loans and attracting deposits and making settlements.

      A credit institution – a legal person with special permission of the central bank to conduct banking operations, it has its own capital, also has the right to engage in monetary funds of natural persons and legal entities, which constitute the basis of a lot of money, which is calculated from the distribution of loans among borrowers.

      Some people have the available funds, which provide the bank, providing it with liquidity, and some lack the free cash and turning to the first or directly, or to a credit institution, forming a credit portfolio. Unlike credit, mortgage portfolio combines the assets transferred to a bank for temporary use and possession, but dispose of the bank has no right, and then there may not use the mortgaged property for a profit[18].

      Reasons for lack of funds may be different, if the “connect vessels”, the level is equalized, but the debtor will be the obligation to return, and the lender the right to demand repayment in time, and together with the remuneration the amount of money lent.

      There is a risk of infringement of the debtor's obligation to avoid an institution thereof, to enforce the obligations presented as collateral relationship. The subject of mortgage lender compensates for the costs incurred in connection with the failure or improper performance of obligations by the debtor[19]. Subject of a pledge – a kind of a thing of value which the creditor may

14

Белов В.А. Залоговые правоотношения: содержание и юридическая природа // Законодательство. № 11. 2001.

15

Постановление ФАС Поволжского округа от 24.05.2010 по делу № А72-1359/2009; Постановление ФАС Поволжского округа от 29.03.2010 по делу № А72-14615/2009; Постановление ФАС Поволжского округа от 29.11.2010 по делу № А65-7782/2009 // СПС Гарант.

16

Скворцов В.В. Эволюция природы залога в российском праве // Гражданин и право. № 8. 2001.

17

Концепция развития гражданского законодательства Российской Федерации // Вестник ВАС РФ. № 11. 2009.

18

Минимулин Д.В. Управление залоговым риском на основе методов риск-менеджмента // Имущественные отношения в Российской Федерации. № 5. 2009. С. 72.

19

Скворцов В.В. Функции залога и их характеристики // Гражданин и право. № 11. 2001.