The Legal Gaps in Regulating the Right of Pledge in the Macedonian Property Law
The Legal Gaps in Regulating the Right of Pledge in the Macedonian Property Law

Author(s): Tina Pržeska, Tea Lalevska
Subject(s): Law, Constitution, Jurisprudence
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Property law; Rights in rem; Pledge; Mortgage; Legal gaps;
Summary/Abstract: The right of pledge in the Macedonian legal system is a right in rem regulated by the basic Law on Ownership and Other Real Rights and several special laws such as the Law on Securing of Claims, the Law on Contract Pledge, the Law on Obligations and Property Relations in Air-traffic and other. Even though numerous laws regulate the right of pledge, there are still important issues that are underregulated or unregulated. This paper aims to analyze the existing regulation regarding the right of pledge in the Macedonian property law and to pinpoint the legal gaps in that regulation that caused problems in acquiring and exercising the right of pledge in legal practice. By analyzing the causes and effects of the existing legal gaps, the paper demonstrates the scope of the problem and suggests possible ways to address and overcome it. As the paper will demonstrate, overcoming the problem of the existing legal gaps in the regulation of the right of pledge will require revising and amending all the laws regulating the right of pledge so that a complete, comprehensive and harmonized regulation can be created.

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