Legal regime of securities

The legal regime determines the order of special legal regulation, is expressed in a combination of certain legal means and creates the necessary social status and the degree of favorability or unfavorability in order to satisfy the interests of subjects of law.

Legal regimes have the following features. They are established by legislation and are provided by the state (political and legal regime). The purpose of the regime is to regulate in a specific way specific areas of social relations, the allocation of spatial and temporal boundaries of certain subjects of law.

Within the framework of the legal regime, it can be detailed about objects and subjects of legal regulation.

There is a classification of this legal category. Depending on the subject of regulation, the land, administrative, constitutional and other legal regimes are singled out. By legal nature - procedural and material, in content - duty, customs, currency. Regarding the subjects, a legal regime for citizens, internally displaced persons, refugees, etc. can be established. According to the functions of law, there is a regime of special protection or special regulation, in terms of forms of expression - contractual and lawful, in the sphere of use - inter- and intra-state (economic sanctions, protection of territorial waters Etc.), according to the level of normative acts - local, municipal, regional and federal.

Legal regime of securities

By definition, a security is a document that allows you to verify the property rights of the owner with the observance of mandatory requisites and the form required by law. Property rights may be exercised and transferred only upon presentation of a valuable document. Absence of mandatory requisite requisites or non-compliance of the document with the established form entails its invalidity, nullity. Suppose, if a bill is made with violations, then it can not be regarded as a bill.

A distinctive feature of issued securities is the need to present these documents for the exercise of rights. This is the difference from the rights of a civil law transaction, which does not require the presentation of documents confirming the conclusion of this operation.

All securities are divided into abstract and casual. The latter take place when reference is made to the underlying transaction. Abstracts are used in cases where a new obligation originates from the security, which is independent of the transaction underlying it.

The legal regime of securities regulates the rights that can belong to a person recorded in a security (nominal), to the bearer of the document (bearer). Also, the person indicated in the security can independently appoint an authorized another person (valuable order paper).

The peculiarity of all securities is manifested in the ability to launch them into a wide circulation. This is achievable thanks to simplified rules and the order of transfer of rights. Certificates certified by means of a bearer security are transferred when the document is handed to the new owner.

Bearing securities have the greatest turnover. The procedure for transferring valuable securities is more complicated. In this case, it is possible to assign rights only in the ordinary civil legal order that is established for the cession of the claim, in other words, when concluding a transaction between the former and the new owner. On the order paper, the rights are transferred by means of an endorsement - a transfer inscription, which means that all rights are transferred to a new subject - the endorsee from the person who performed the record.