Заложно право на непокретним стварима уписаним у регистар
Registered Pledge

Author(s): Milica Vučković
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Non-possessory security rights;Regfisterde pledge;Pawning of movables;
Summary/Abstract: The saying res mobiles res villis – movables are worthless is no longer valid for movables. The need for non-possessory pledge of movable property which was the basic of economic activity of the owner existed even in the old Rome. With the development of the economy, an outstanding need for non-possessory pawning of these things emerged. Modern law has developed security rights over movables that are favorable for debtors and also satisfactory and efficient enough for creditors. The object of the paper is registered pledge. The author analyses the law of Republic of Serbia, and certain attention has been given to law regulations of former republics of SFRJ and for the west European laws. In Serbian law the most important statute of this area is the Statute of Registered Pledge. That statute regulates non-possessory pawning of movables with no restriction for the subjects and for objects of registered pledge. The statute also provides a number of ways for the realization of pledge, most important of them being extra-judicial repayment which makes the registered pledge one of the most efficient security rights in modern law. The registered pledge enables the full use of credit potential of movables without endangerment of regular economic activity of the owner – the debtor. The creditor gains needed certainty with the registration of the security right, and at the other side, he has no obligation of preserving the movable. There is a great expectation that this right can achieve main goals of pledge – certain and efficient securing of claims and full use of credit potential of movable property of the debtor.

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