Diffusion value of the pledge. Collector activity. Николай Камзин

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style="font-size:15px;">      If you identify yourself in the community, comparing themselves with other members of society, people, above all, accessible survey compares the external world around him and being in contact with him members of society. Depending on the outcome of this identification, conducted gradation, consider themselves to one category or another, a strategy is satisfied with its achievements, or to set a goal at competitive nature of the individual.

      If we consider the period of human life as the period of existence of an active subject of the economic sphere of society, its potential in the short and long run are directly related. With a possibility in the short term, the person has potential, definitely needed him in the future, formed as a result of effective activity in the past as an excess or a wrongful retention, therefore, its use in the present may lead to certain consequences. First, prevent the potential benefits of a safety net buffer, secondly, lead to a balance, third, will be the basis of loss-making influence.

      With the materialization of a man of his own abilities, achievement of results, harmonizing the inner and outer world, the progressive development of the individual, society is also evolving and it material, spiritual, and social spheres of existence are saturated with goods, fruits direct and indirect effects of human creativity. For a single person it is the external environment (exposure) is recognized in mind that influences his inner world and challenging it active.

      The 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].

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