Pregledni rad
https://doi.org/10.31141/zrpfs.2024.61.153.367
Debt security in Dalmatian statutes with special emphasis on the Statute of Korčula
Ines Matić Matešković
orcid.org/0000-0002-6101-8445
; Pravni fakultet u Rijeci
Sažetak
This paper provides an overview of the debt security system in selected Dalmatian statutes
with a particular focus on the regulation of this area within the framework of the Statute of
Korčula. Through a comparative analysis, it examines segments of substantive law related to arrha,
adpromissio, pignus and hypotheca, as the most important forms of debt security in Dalmatian
statutory law. It also touches upon procedural provisions governing debt repayment procedures
and the sale of pledged real estate or movable property. Special attention is given to the solutions
envisaged by the statutes regarding debt security through pledge rights, with elaboration on certain
issues related to the creditor’s possibility of using the pledged item in the form of antichresis; an
institute that, despite various statutory prohibitions, was widely applied in practice, often as a means
of concealing interest. In addition to comparing statutory provisions on debt security, similarities
and differences from Roman law solutions are elaborated with respect to the provisions of Dalmatian
statutes.
Ključne riječi
debt security; Dalmatian statutes; pledge; mortgage; antichresis
Hrčak ID:
321201
URI
Datum izdavanja:
30.9.2024.
Posjeta: 232 *