Diffusion value of the pledge. Collector activity

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);

– To send things to the creditor, with the proviso that, if debtor has defaulted, the thing goes into foreclosure, regardless of the size of the debt and value of the mortgaged property.

Providing a guarantee provided by borrowing a sum of money to provide opportunities to meet the priority requirements of the mortgagee of the property value of the mortgaged property and proprietary rights restrictions – on the order laid down by the mortgagor[5].

As a general rule collateral arises under the contract (par. 3 art. 334 Civil Code). The contract shall be in writing (par. 1 art. 339 Civil Code). The security deposit can be transferred to any property, including property rights and things, with some exceptions (art 336 Civil Code)[6].

Owing to the nature of collateral relations, funds cannot be pledged[7]. The pledge may be both the debtor and the third person. To pledge things necessary to the mortgagor was entitled to its ownership or the right of economic management. The pledge of property right may be the person to whom the pledged right belongs (art 335 Civil Code). The right of pledge arises from the conclusion of the pledge agreement. If the property must be transferred to the pledge, the pledge right there at the time of transfer of the thing. May otherwise be provided in the contract (art 341 Civil Code).

The main drawback is the inability of collateral circulation in the foreclosure of the collateral. In case of failure of the principal obligation the creditor is forced to sell the mortgaged property itself and meet its requirements only obtained from its value[8]. If there is a dispute between the pledge and the pledge the initial selling price of collateral established by the court on the basis of market price of the property[9]. In practice, the party concerned shall evaluate the property. Based on the results, as reflected in the report, agree with the other party selling price of the collateral.

The pledged property in its entirety provides the pledge’s claim, including interest, penalty, damages caused by delay in performance[10]. In addition, the cost of the mortgaged property is reimbursement of the mortgagee for the maintenance of things as well as the costs of foreclosure. May otherwise be provided in the contract (art 337 Civil Code).

The essential conditions required for contracts of this kind, without a contract will be deemed not concluded (art. 432 Civil Code) are:

– Information on the property, pledge, and its evaluation (par 1. art. 339 Civil Code). The contract of pledge must contain information enabling identification of the pledge the property. The language defining the collateral, such as “cars and other vehicles owned by the borrower” is not possible to determine the estate passed to collateral that is taken into account by the court[11];

– A condition on the size and duration of the obligation secured by the pledge (par. 1 art. 339 Civil Code). This condition is considered to be consistent if the agreement of the pledge is an allusion to the contract governing the principal obligation of the debtor[12];

– A condition that, at any of the parties (the mortgagor or mortgagee) the pledged property (par. 1 art. 339 Civil Code). The mortgagee in the test situation is a credit institution, a legal entity.

Obtaining property in the pledge does not entail any tax consequences on the value added tax, as the ownership of the collateral remains with the mortgagor (par. 2 art. 335 Civil Code). Value of property received in pledge, revenue is not included (subpar. 2 par. 1 art. 251 Tax Code). Property received in bail, remains the property of the mortgagor, regardless of whether it is the mortgagor or mortgagee in.

If the object of pledge is a vehicle, the vehicle passport makes no marks, although the science continues to discuss the issue of maintaining a database of encumbrance of vehicles, but in practice do not enter such arrangements. The introduction of registration of mortgage transactions vehicles can only be set by issuing regulations, providing for state registration of rights for vehicles according to paragraph 2 art. 130 Civil Code[13].

The legal nature of a dual pledge, I think, it must not be simplified by reducing the complex formed by the characteristics of the civil law institutions. In the social sense of security is the value of the mortgagor is the property of value, which the lender in an advantageous manner is able to obtain satisfaction of claims of financial misconduct in the performance of duties by the borrower to repay the loan. The main function of collateral flow from its definition, this is an interim, minimizing the risks associated with the lender and the deterrent associated with the psychological impact on the behavior of the debtor. Public activity is catalyzed by a combination of factors, one of which is wealth, which by their nature can act as pledged. Subjects having them in his possession, in the normal course of business subject to the motivation and stimulation, which is often the psychological basis of entry into collateral relations.

The scope of property and of personal relations in a society based on equality, autonomy of the will and property independence of the participants referred to the sphere of civil society. One of its key categories is the property the absolute right, stipulating the right of possession, use and disposal facility. And as the category the money, means of payment, must be accepted at face value. On the activity of the will, property and cash based civil circulation by means of which human needs are met, there is coordination of its internal and external peace, manifest mental activity. The movement of property takes place through its alienation and acquisition, one of the mechanisms of acquisition is the realization of the Institute of sale. Buying and selling is a counter-exchange of the owner of things, one of her orders, and the holder of cash, which results in a change of ownership thing and transfer of funds in payment for it. In this case the property is assessed by the ratio of demand for it and supply of these things, but also in terms of its values, its ability to meet the needs of end users.

Cash at their failure to compensate the owner for the disposal of the property for the benefit of another person may be obtained from a person, through the implementation of the mechanism of borrowing free cash. The mechanism of borrowing is the use of funds as an object property, taking into account the meaning of the following rules of financial management: “the value of a certain amount today, much higher than it tomorrow”. Due to this condition, the acquisition of a sum of money, its buyer agrees to “tomorrow” to return the equivalent value of an amount of time the return and compensation for its provision.

Under the obligation refers to the implementation actions of one person to do otherwise. Moreover, in view of free will, and those which obliged the risk of misconduct liable to stimulate his good conduct there is a mechanism to enforce the obligations. One of the key is to provide preventive and a punitive fine.

The penalty has an effect on the human psyche through the creation of the inner world of human representation of the adverse effects of increasing monetary obligations to the outside world, which should be fulfilled in misconduct.

Economically active entity becomes a party to pledge relations with the need for free cash and the desire to retain ownership of the collateral.

1.2.Psychological aspects of legal characteristics of the collateral relations

The society is managed by appearing in its relationships. Man as a psycho-physiological system is the subject of relationships and people together make up the society with their individual legal culture, largely independent of the psychological motives of human action. Before it is adopted and enacted regulation, civil society focuses on the needs of regulatory settlement of existing relationships or qualitative changes in individual integrated relationships in order to correct a coherent social system.

The subject of law is as collective entities, as individual persons. Collective entities can be a structure with a common purpose and the distribution of functional roles and can also be complicated by a set of equal members in the form of public association. I think it is indisputable that it is human psychology, but rather the mental processes influence human activity and its relationship reasoned choice, in which he must come to their own or public necessity.

Time abstractly represented as a direct strike a point on it, which define the present, on either side of it, respectively, will be past and future. A person staying in the present, aware of the inevitability of the passage of time, having an idea about the past, looking to the future, free to plan, implement their plans, commensurate capabilities and desires. Desires are the consequence of the representation of something, to some extent known. Depends on the degree of knowledge of the validity of space needs for the future of man.

Features of the planning are closely linked with the responsibility for implementing the goals and the potential for further planning. If you violate the natural flow of things, an alien who violates the determining factor, the pressures on a person and all the planning to be with him in terms than narrower range of cognitive human nature that is unnatural.

Man exists in the environment of their own kind, in society, the society also dynamically in time, like a single person has the abstract mind, modeling his fortune and position in the future. To implement the will of society restricts the individual through the regulatory mechanisms of behavior in certain circumstances. By implementing these mechanisms in consciousness of generations of people, the culture of the peoples, the people “separated” from natural plants and host of the template defined in the future aspirations and opportunities in the present. In the process of improving the social mechanisms and social structures, one is totally abstracted from nature and is not without prejudice to his mind barely separable part of the social system in which there is until now. His mind knows and is subject to social environment, his aspirations for the future are determined mainly social factors, and the will is passive, undervalued opportunities. In this situation, there is a potential conflict of man and society for which a permit is either in complete subjection of human society and has further shaping its future through public awareness, or individualization of rights and the impact it will on the public consciousness.

Time is the catalyst for a man, human life, and that is a public catalyst that serves as a stimulating element in society, the state – the set of products, obtained possession of the material and spiritual values, “Gross Domestic Product”.

The person carrying out its activities, creates, consumes, uses, benefits of the material world, existing at the moment. Through his mind, he models the need for it in the future of some goods, possession of which is not possible with the currently existing opportunities. By appealing to the public mechanisms person meets all their needs, but now the company is competent to vindicate rights commensurate with the currently good for the balance of opportunities for all members of society.

The social system is based on a set of rules of conduct which in its development and adoption of the society are the rule of law, and they in turn the mechanisms of legal regulation of society in general and man in particular. Nature sends man already leveled priority needs of the society and the public decide and determine the circumstances of the future. Consider the behavior of an individual member of society, modeled their future opportunities commensurate with the actual present.

When considering the category of time, we cannot touch the category space. The person carrying out its activities over a large territory, to seek to maximize the approximate time of being in different points in space. Simulating consciousness in the future, seek to merge into a single point on this “time line”. In the material world, man partly solves this problem by using a vehicle which is a product of social production. In the absence of human capabilities of its establishment, the person may use public, value-at its disposal a vehicle (for example, a car), but subject to the conditions of return value of the good society is determined by supply and demand for it from the other members of society at the moment. If a person does not have the ability to compensate for the value to society now, the society is quite capable, with the definition of the degree of risk compensation model in the future.

The human psyche is a process of harmonizing its inner and outer world, this process is the basis for the establishment and development of personality, achievement of having a place to be a result of this psychological process have both positive and negative effects on humans. The stimulation needs updating and qualitative development of the individual or person is in dismay and disappointment.

Depending on the individual human psyche, the occurrence of certain requirements is the result of motivation in the inner world of man, or through external stimulation, awareness of the outside world. Needs prompt people to seek ways to meet them by using their own capabilities and in their absence by the possibilities of a subject or society in general. Thus, there are relationships, communication in society.

Two important concepts of time and space, everything happens somewhere and sometime. Changing the location of the subject in space occurs over time. Savings – decrease in costs and achieve the same result, why is identical, because the reduced costs of using a single factor, but is used by some other factor, which in comparative terms from the perspective of the researcher less costly to achieve the desired result.

To reduce the amount of time moving from one point to another, finding some comfort, relative advantages of having a person uses a vehicle.

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.