РЕГИСТРОВАНА ЗАЛОГА ПРЕМА ОКВИРНОМ ЗАКОНУ О ЗАЛОЗИМА
REGISTERED PLEDGE ACCORDING TO FRAMEWORK PLEDGE ACT

Summary/Abstract: The Framework Pledge Act of Bosnia and Herzegovina was enacted in 2004 introducing the right of pledge over movable assets entered into the Pledge Register (registered pledge). It is a significant novelty in comparison to earlier right to pledge over movable assets – pledge of chattels (classic right of pledge, pignus), since the pledged object remains in possession of the pledgee. Furthermore, the concept of this legal insitute brings a series of new legal solutions such as expanding the scope of pledged objects to generic things, future and entire property of the debtor, then introducing the Pledge Register, which provides publicity and order in settlement, registration regardless of the legal ground for pledge acquisition, but also a special enforcement process if the legal ground for establishing a pledge represents a legal transaction. On the other hand, many comments have been made against certain solutions offered by the Framework Pledge Act, mostly referring to its disaccordance with national legislation in view of legislative drafting, terminology and regulating legal terminology unknown to our legal tradition.

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