Original scientific paper
Objects of Pledge in Business Relationships between Citizens of Dubrovnik and Bosnian REsidents in 14th and 15th Century
Viktor Palić
; Commercial Court, Osijek, Croatia
Abstract
In business relationships between citizens of Dubrovnik and Bosnian residents during the Middle Ages, as the insurance of settlement claims of creditors, was used the law of pledge on movable property, real estate and subjective property law. However, law of pledge include limited real right on a particular subject. Holder of such a rights, encumbrancer, had the authority that it's secured claim, which on maturity was not fulfilled, pay up from the value of certain items - the pledge. His everyday owner, mortgaging debtor, was required on such a suffering. Subject of the law of pledge was often given in the possession of the mortgaging lender(pignus). It was usually a word about a movable real property, while it was only recorded in the public register when it was a word about real estate(hypotheca). In the article, for the XIV. and XV. century, are described various subjects which served as a pledge to ensure the settlement of claims of the creditors. In this sense the value of the pledge or it's accessories had to be cashed. However, there was a possibility to purchase the claim, owing to it's settlement led the proceedings (ius offerendi), while distraint sale of pledge was also common.
Keywords
Hrčak ID:
105173
URI
Publication date:
8.7.2013.
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