ПОЛОЖАЈ ХИПОТЕКАРНОГ ПОВЈЕРИОЦА У ИЗВРШНОМ ПОСТУПКУ
POSITION OD MORTGAGE CREDITOR IN EXECUTIVE PROCEEDINGS

Summary/Abstract: The modern economy is inconceivable without the existence of a mortgage. A mortgage is the most important real legal means of securing claims and a means of mobilizing capital. Only after comprehensive reform of real law in the Republic of Srpska did the legislator regulate in detail this important institute of civil law. However, both in our country and world, it happens that the claims secured by the mortgage are not properly repaid and the mortgage creditors must ask in court for protection of their rights, in settlement from the value of the subject the mortgage. Although is seems that mortgage creditors are fully protected, especially after introduction of mandatory notation of all real estate transactions, in practice we are witnessing varios problems in terms of settling mortgage creditors.

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