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The aim of the article is the presentation of the institution of the transfer of proprietorship rights with the preservation of possession of the thing by the present owner. The attractiveness of this institution as the collateral of bank receivables centralizes around a greater effectiveness of the execution than in the case of pledge or mortgage, since a pledge or mortgage are limited rights. By using the proprietorship right as a collateral the contract of lien builds an extremely strong position of the creditor towards the debtor and the third party. The potential advantages of this institution are effective way of execution, with the priority over other creditors of the debtor, and possibility of leaving the subject of the collateral in the actual possession of the debtor, both giving a credibility of the repayment of receivables. Methodology of the study – The article presents observations of ways of usage of this institution in practice together with the observation of internal banking regulations that in practice warp the meaning of this collateral, and therefore the risk of the lack of the security of bank receivables increases drastically. The result of the conducted observations are conclusions about the rationalization of the institution of the lien within internal banking regulations with the aim of sealing the security receivables system. keywords: bank, collateral, proprietorship rights

zeszyty naukowe wydziału nauk ekonomicznych i zarządzania uniwersytet szczeciński. finanse, rynki finansowe, ubezpieczenia/zeszyty naukowe. finanse, rynki finansowe, ubezpieczenia

Transfer of property as a collateral of bank receivables