ПРАВНИ ЗНАЧАЈ УПИСА ПРОМЈЕНЕ САДРЖАЈА ХИПОТЕКЕ
LEGAL SIGNIFICANCE OF REGISTRATION OF CHANGES IN THE CONTENT OF THE MORTGAGE

Summary/Abstract: Enrollment in the public register of real estate may have aconstitutive or declarative effect, depending on the legal basis on which a realright, or the kind of real right, is acquired.Mortgage is a real right whose modusacquirendi is exclusively enrollment regardless of whether it is a contractual,legal or judicial lien.The ranking of the mortgage creditor is based on theprinciples of prior tempore, potior iure, and not according to the legal basis ofthe mortgage, which ensures the equality and legal certainty of all participants inlegal transactions with immovables. By concluding an agreement on the transfer(cession) of claims to a new creditor (cessionary), the mortgage as an accessoryright that serves to secure the main claim is transferred.The registration of amortgage in this case has a declarative effect, since it is not a new mortgage,but only a change in the content of the existing mortgage in order to register anew creditor (cession) instead of the former creditor (cesusa).However, if thenew mortgage creditor does not register, he can not exercise his rights arisingfrom the content of the mortgage, primarily further (registration) disposal ofthe mortgage. in this sense, the mortgagee creditor will not have a separateright in receivershipproceedings in the subject of a mortgage that is part of thereceivershipestate.

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