Real charge according to the current Serbian Draft Law on Property Rights and Other Real Rights Cover Image

ПРАВО РЕАЛНОГ ДУГА ПРЕМА НАЦРТУ ЗАКОНИКА О СВОЈИНИ И ДРУГИМ СТВАРНИМ ПРАВИМА РЕПУБЛИКЕ СРБИЈЕ
Real charge according to the current Serbian Draft Law on Property Rights and Other Real Rights

Subject(s): Law, Constitution, Jurisprudence
Published by: Правни факултет Универзитета у Нишу
Keywords: security right on immovables; real charge; hypothec

Summary/Abstract: Within reforms of loan security instruments law, Serbian Draft Law on Property Rights and Other Real Rights demonstrates interest for introducing new forms of non-accessory security rights. Real charge is a new institute in our legislation. It is a kind of real right on immovable thing that is regulated after the model of the German and Swiss laws, and which is in practice mostly used to secure a receivable, so that it is, to an extent, a personal hypothec. The most important reason for introduction of this institute into the Law was to allow for a security right on immovables that is more flexible than the accessorial hypothec, thus creating the environment conducive for the development of the secondary market of real loans, facilitating refinancing, and allowing for the extension of the offer of bank products with the reduction of transaction costs.

  • Issue Year: LIII/2014
  • Issue No: 67
  • Page Range: 319-330
  • Page Count: 12
  • Language: Serbian