Елизавета Камзина - Diffusion value of the pledge. Collector activity

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

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

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

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

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] Скворцов В.В. Функции залога и их характеристики // Гражданин и право. № 11. 2001. . Subject of a pledge – a kind of a thing of value which the creditor may be entitled to the payment from the debtor through the sale of the collateral and to obtain from the sale of a certain sum of money.

In case of excess proceeds over the amount of debt, the difference shall be returned to the debtor, if failure is part of the debt is subject of a claim from the debtor.

In the field of civil relations all have financial evaluation. All transactions are in cash and cashless form by transferring cash from one person to another, or transfer of bank deposits in accounts in financial agents.

The interaction of agents because their relationship, each of them has a picture of the inner world to strive to create an image due to the further conduct of any other actor, then, is a contract, an agreement between two or more persons representing the set of agreements about anything.

The owner of the material goods needed to store their possessions, in the absence of his physical capabilities to implement their own security of property he refers to the ability to do this subject.

A credit institution for withdrawal of collateral from the borrower's unfair, because some of specialization, financial operations, refers to the entities with the land, storage facilities, the right of ownership or leasehold basis with a view to making them, of course, on a reimbursable basis, seized the car from the borrower for the purpose of its implementation in arrears.

When lending to buying a car for 008 off-balances by taking into account the car to ensure obligations are carried at acquisition cost, the so-called “collateral costs”. However, the vehicle is operated by the borrower for a certain period of time, was in his possession, and has been exposed to the external environment that does not rule out changes in its fair value. During the term of the loan agreement the fair value of mortgage-thing may undergo a qualitative change [20] Слуцкий А.А. Банковские залоги: неочевидные операционные риски // Банковское кредитование. № 6. 2007. . At the moment, the credit institution and the borrower collateral interest as a commodity that has value as possible to receive at his disposition, while the cost goes to paying off debt.