Puchkovska I. Theoretical problems of obligations securing.

The dissertation contains a complex analysis of theoretical and practical problems of the types of securing of obligations fulfillment. The work deals with the problems of their conception, legal nature, performed functions and characteristics; peculiarities of the implementation of the named types of security. The protective nature of the securities – acknowledgement of them as ways of protecting of the creditor’s rights established in the case of the agreement violation by the debtor. A defining characteristic of the types of securing is revealed – securing source – specific assets (pledge and deduction) or obligation of a third party to the creditor (warranty and guarantee), at the expense of which the creditor is given the fulfillment of the obligations violated by the debtor in the order of the protection of his rights. Differentiation of securities with measures of responsibility and operational influence is carried out; the double nature of the penalty and the deposit is refuted; the nature of the deduction is given grounds. The criterion for establishing of «other» types of security is defined.