Original scientific paper
Security of Claims by Transfer of Rights – Ambiguities and Imperfections
Hano Ernst
; Pravni fakultet Sveučilišta u Zagrebu
Romana Matanovac Vučković
; Pravni fakultet Sveučilišta u Zagrebu
Abstract
The authors in the article discuss the institute of fiduciary transfer of rights making comparison between different solutions with respect to numerous legal sources in Croatian law (Property Act, Civil Obligations Act, Execution Act, Financial Collateral Act etc.), as well as with respect to amendments of these regulations in last fifteen years. The authors analyse issues concerning the object of fiduciary security and methods of its establishment especially emphasizing the issue of mandatory registration and notification as well as relations between certain methods. The authors scrutinize legal positions of parties during the life of collateral, for example the issues arising from execution of the fiduciarily transferred right as well as from exercising the transferred right and correlated priority relationships. Moreover, the authors scrutinize in details the proceedings of settlement with fiduciarily transferred right particularly stressing the issues arising from implementation of general rules on execution in fiduciary relationship. A special attention has been given to all segments of relationship between fiduciary security and security by pledge with respect to a central position of pledge in Croatian real property system. Specificities have been pointed out in case of security of claims due to the fact that we are dealing with an archetype of property law as well as of financial collateral due to special regulations created by the implementation of European Law.
Keywords
fiduciary; fiduciary cession; security of claims by transfer of rights; financial collateral; register
Hrčak ID:
87707
URI
Publication date:
16.4.2012.
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