Original scientific paper

Authorisation to Settle Ex Officio the Prescribed Claim Secured by Pledge

Gabrijela Mihelčić ; Pravni fakultet Sveučilišta u Rijeci
Iva Tuhtan Grgić ; Pravni fakultet Svečilišta u Rijeci

Abstract

The authors analyse the permissibility of ex officio settlements of the prescribed claim according to the general rules on prescription contained within the Civil Obligations Act. They single out rules under the Article 222, 240 and 220 of the Civil Obligations Act and compare them with rules which govern this issue on comparative legal level. A comparison has also been made with respect to the rules from the Draft Common Frame of Reference of a European Private Law and Lando’s principles. Furthermore, the authors discuss the effects of dispositions by the parties on permissibility of ex officio settlements of the prescribed claim. Civil obligations rules which govern the material prescription are scrutinised in regards to rules on rights in rem regulating the assurance of claim by pledge. In their final remarks, the authors present conclusions and suggest solutions de lege ferenda.

Keywords

prescription; right of pledge; ex officio settlement

Hrčak ID:

87708

URI

https://hrcak.srce.hr/87708

Publication date:

16.4.2012.

Article data in other languages: croatian german italian

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