– Analyzed the institutional ownership of collateral relationship, the specificity of civil regulation;
– The content of the credit agreement secured by a pledge;
– Investigated the types and reasons of financial claims of credit institutions to the participants of legal mortgage and third parties;
– Studied theoretical concepts and practical procedures for implementing the activities of the collateral.
The practical significance of the results of the study. Performed in the framework of the analysis allowed the construction of a unified picture of the implementation procedure of the collateral to repay the debt to the lending institution. The dynamic structure provides insight into the key points of the procedure, allowing a significant effect on its socio-economic results, which is important for the borrower in particular and society in general, significant financial result for the Bank, its affiliates and their employees.
Testing results. The main results of the author in the scientific and practical article, “Sputtering value of the collateral of the credit institution affiliated entities”, prepared for publication in the Journal of SSEU (№ 5 (67) 2010) and applied in practice in auditing procedures for the implementation of collateral credit the organization.
In the text of the study includes a list of references containing 86 items.
Chapter 1
Collateral relationship: concept, features, peculiarities of legal regulation
1.1.The concept of bail in civil law
By mortgage lender on the secured obligation is entitled in the event of default by the debtor of the obligation to obtain satisfaction from the value of the mortgaged property prior to other creditors of the person who owns the property, with the exceptions established by law (par. 1, art. 334 Civil Code). Pledge performs security functions, determines how the principle of preferential position of the pledge in relation to other creditors and the principle of following the right mortgage for a foreclosure sale[3].
The pledge is known since Roman law that called for three main types of collateral[4]:
– General mortgage (pledge of all assets in general);
– Hand-held mortgages (transfer possession of the things the lender the right to use without obligation to include in the backup);