Общий подход к регулированию обеспечительных отношений

Abstract

This article deals with the problem of the security rights regulation. This subject needs more attention from academics and lawmakers. Security cauza is considered as a main feature of security legal relationships. This implies the conclusion that a secured creditor and a securing creditor should be the same person. To provide for integrity of the security obligations institute, functional approach is treated as a preferable one (which is opposed to the formal approach). A secured creditor should be protected like any other creditor, because existence of the security itself does not place him in a stronger position. A balance between mandatory and dispositive regulation can only be found when the “time and place” of application of the law are taken into account.