Да ли је право следовања Уставом заштићени имовински интерес и у односу на Републику Србију i део
Whether the Right of Pursuit is Constitutional Property Interest Protectible against the State

Summary/Abstract: The author, in this paper, is looking for Ariadne’s thread, which would help us to find the way through the lеgal labyrinth composed of justified reaction of the state in the war against organized crime, from one side and what is considered an appropriate protection of secured creditors subjective rights, from the other side. He points out that in resolving a dilemma, does the mortgagee have the right to enforce its debt against the Republic of Serbia (right of pur suit), in case if the extended confiscation of property (proceeds of crime) includes subject-matter of mortgage, the court should take into account does the mortgagee know or should know about criminal origins of en cumbered assets. The court should evaluate a good faith of the mortgagee, bearing in mind all the circumstances of the case, especially: 1) The moment of a mortgage establishment, i.e. whether the reg istration of mortgage is prior in time to the initiation of a prop erty freezing procedure; 2) Overall business and other relations between mortgagee and mortgagor, i.e. are these parties associated in any other way? 3) Objective changes in the economic position of mortgagee and mortgagor, i.e. is the security agreement true or simulated, in particular, whether the value of the secured claim actually en hanced the property of the mortgagor and at what consideration.

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