Security Property and the Problem of Balance between Creditor and Debtor

This paper focuses on the possibility of introducing a universal institute of security ownership, while maintaining a balance between the interests of the debtor and the creditor. To date, the Russian legal order presents disparate forms of security ownership, but both practice and doctrine have not reached a consensus on the possibility of introducing a general institute of security ownership. The next research question to be answered by the author is whether the balance of interests of the debtor and the creditor can be maintained when establishing security ownership. In the first chapter the contents of the concept of security ownership will be discussed. The second chapter will examine the creditor's ability to reconstruct his security interest, and the content of the security interest. The third chapter will examine the measures that the debtor can take to protect his right, as well as the right to retain possession over the subject of the security property. It is on the basis of the second and third chapters that the author will be able to answer the research question posed and come to a conclusion about whether or not there is a balance of interests between the parties.