Securitization by Transferring of the Right of Ownership

This graduate work is aimed at various review of the institute securitization by the transfer of the right of ownership. The main objectives of this paper are: consideration of the basic approaches to security transfer of ownership, features of the application of this institute in the Russian legal field, issues related to its use. This paper consists of an introduction, three chapters, conclusion and bibliography. Chapter 1 examines the approaches to the institution of securitization by the transfer of ownership in foreign legal systems. In Chapter 2 examines the application of this institute in the Russian law, taking into account the various spheres of legal regulation. Chapter 3 presents a comparison of the interim transfer of ownership with other civil-legal institutions. Based on the analysis the following conclusions are: Firstly, different countries practiced a different approach to securitization by the transfer of ownership, fidution and pledge, thus reception of any approach will not bring the expected results. Independent approach to this issue must be created. Secondly, existing at the moment Institute of securitization by the transfer of ownership needs to be transformed. There are several ways of solving the existing problems: to bring the rest of the legislation to reform and to ensure such unnamed institution; to develop a common understanding of securitization by the transfer of ownership and especially the use of the institution (which is already partially by the courts); formalization of securitization by the transfer of ownership in the Civil Code. Thirdly the presence of similarities in civil law institutions does not mean that they must be combined into, unified, or recognized by the courts a single one. Diversity and choice should be developed. Conversely similarities where there are sufficient differences should facilitate the emergence of new institutions and instruments in the civil law.