Pregledni rad
SECURING CONFISCATION OF PECUNIARY GAIN ACQUIRED BY A CRIMINAL OFFENCE AND MINOR OFFENCE ON REAL ESTATE AND MOVABLES
Gabrijela Mihelčić
; Pravni fakultet Sveučilišta u Rijeci
Domagoj Vučkov
; Općinski sud u Crikvenici
Sažetak
This paper analyzes the legislative regulation of securing the confiscation of pecuniary gain acquired through a criminal offence and minor offence as a special kind of security by interim measures on real estate and movables. The latter is illustrated by means of special and general rules by which it is governed. Thereafter, the key features of its legal structure are analyzed. Finally, the authors compare both special and general rules and demonstrate the underlying differences in the regulation of this concept under the Act on Confiscation of Pecuniary Gain Acquired by a Criminal or Minor Offence in relation to the regulation under the rules of the Croatian Execution Act. Special emphasis is placed on: a) legal effects produced by the entry of the prohibition of alienation and encumbrance of real estate in the special regime; b) special rules on seizing and entrusting the real estate to care; c) the period for which the interim measure is determined under a special regime and d) objections by a third party.
Ključne riječi
interim measures; real estate; movables
Hrčak ID:
116296
URI
Datum izdavanja:
12.4.2013.
Posjeta: 4.389 *