Shymon L. Personal types of security for fulfillment of obligations.

The thesis is devoted to the study of theoretical and practical problems of personal named and named types (methods) of ensuring the fulfillment of obligations. It is substantiated that the mechanism of action of such security legal structures as security assignment, factoring, del credere, aval, state (local) guarantee, relying on the obligation of a third party to fulfill the obligation violated by the debtor at the request of the creditor, corresponds to the features of the named types of personal security for the fulfillment of the obligation, which in in accordance with the provisions of Part 2 of Art. 546 of the Civil Code of Ukraine can be used by parties to contractual relations as «other» types of security on a par with traditional personal means of securing the fulfillment of obligations – bail and guarantee. It was stated that the main feature of personal types of security for the fulfillment of an obligation is the presence in them of a security source in the form of the obligation of a third party (surety, guarantor, insurer, commission agent, avalist, etc.) to fulfill the obligation violated by the debtor at the request of the creditor. The absence of such a source in penalties and a deposit does not allow the latter to be attributed to personal security. The security nature of del creder and aval is substantiated. It is proved that a del credere is an unnamed personal type of security for the fulfillment of an obligation, the security structure of which is based on the commission agent’s guarantee to the principal for the performance of the contract by a third party. It is established that by virtue of an aval, the person who provided it (avalist) assumes responsibility for the fulfillment of obligations by the persons obliged under the promissory note. Yes, the guarantor undertakes to be liable to the billholder (creditor) for the fulfillment by the bill issuer, acceptor or endorser of the obligations to pay this bill.