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