FUTURE THINGS AS AN OBJECT OF REAL RIGHTS Cover Image

FUTURE THINGS AS AN OBJECT OF REAL RIGHTS
FUTURE THINGS AS AN OBJECT OF REAL RIGHTS

Author(s): Rodna Živkovska
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Правни факултет Универзитета у Нишу
Keywords: civil law; property law; future things

Summary/Abstract: The paper aims to answer the question whether the concept of “future things” is compatible with property relations by addressing the issues such as: future things as an object of real rights, future things as real securities, transfer of real rights on future things, and future things as an object of enforcement proceedings. The analysis provided in this paper shows the COVID-19 crisis has brought many repercussions, not only to the public health systems in Europe but also to the European economy that has sustained losses during the pandemic. In such dire conditions, certain Macedonian financial institutions (such as banks) have offered financial support to the government and have lobbied for some benefits in return. Unfortunately, the benefits that banks have lobbied for threaten the stability and consistency of the civil law system. The situation raises concern among scholars who have urged for the preservation of the civil law institutes so that the short-term legal solutions implemented in haste for the benefit of some entities (banks) will not cause irreparable long-term damage to the overall civil law system. The authors analyze the provisions of several Macedonian legislative acts that implement the concept of future things in some areas of property law, such as: the exercise of real rights on future things, future things as real securities, transfer of right on future things, and forced sale in enforcement proceedings. The main objective of the analysis is to demonstrate that regulating “future things” as an object of real rights is not sustainable due to the nature of these rights.

  • Issue Year: 2022
  • Issue No: 96
  • Page Range: 145-160
  • Page Count: 15
  • Language: English