Civil law. A common part. Money and securities as objects of civil rights. Types of securities (most important)

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Civil law. A common part. Money and securities as objects of civil rights. Types of securities (most important)

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18. MONEY AND SECURITIES AS OBJECTS OF CIVIL RIGHTS. TYPES OF SECURITIES

Money - a universal equivalent that replaces any object of property relations. Money is a special object of civil law. They may be the subject of some civil law transactions: loan agreements, gift agreements, loan agreements. They are legal tender in reimbursable contracts. Money does the following functions:

1) measure of value;

2) medium of exchange;

3) means of accumulation and formation of wealth;

4) means of payment, world money.

Monetary unit of the Russian Federation is ruble. Recognition of the ruble as legal tender means that rubles can serve as a means of repaying a monetary obligation, regardless of the creditor’s consent to accept them as payment.

Types of cash payments:

1) settlements in cash - means of payment are real banknotes;

2) non-cash settlement occurs through digital records of the circulating money supply. In this case, a certain amount of money is debited from the account of one entity and credited to the account of another. This form of non-cash payments is not the only one; others are possible.

Security paper - a document certifying, in compliance with the established form and mandatory details, property rights, the exercise or transfer of which is possible only upon its presentation (Article 142 of the Civil Code).

Types of securities:

1) bond - a security that certifies the right of its owner to receive from the person who issued the bond, within the period stipulated by it, the nominal value of the bond or other property equivalent;

2) bill - a security that secures the obligation of the drawer (promissory note) or another payer specified in the bill (bill of exchange) to pay a certain amount to the owner of the bill (bill holder) upon the expiration of the period stipulated by the bill;

3) check - a security containing an unconditional order of the check holder to the bank to pay the amount indicated in it to the check holder;

4) deposit and savings certificate. Certificate - a written certificate from the bank about the deposit of funds, certifying the right of the depositor to receive, upon expiration of the established period, the amount of the deposit and interest on it in any institution of this bank (Article 844 of the Civil Code). A certificate of deposit is issued to depositor-organizations, a savings certificate is issued to citizens;

5) bearer savings book - a security confirming the fact of depositing a certain amount of money into a bank institution and granting the right to receive it in accordance with the terms of a cash deposit;

6) bill of lading - a document certifying the right of its holder to dispose of the cargo specified in the bill of lading and receive the cargo after its transportation;

7) stock - a security securing the right of its owner (shareholder) to receive part of the profit of the joint-stock company in the form of dividends, to participate in the management of the joint-stock company and to part of the property remaining after the liquidation of the joint-stock company;

8) privatization securities - special-purpose government securities used as a means of payment in the privatization process.

Author: Stepanova O.N.

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