Original scientific paper
https://doi.org/10.30925/zpfsr.40.1.10
ANTICHRESIS DE LEGE FERENDA
Ines Matić
orcid.org/0000-0002-6101-8445
; University of Rijeka, Faculty of Law, Rijeka, Croatia
Anamari Petranović
; University of Rijeka, Faculty of Law, Rijeka, Croatia
Abstract
The Croatian Act on Ownership and Other Real Rights, Article 329 (paragraph 1) prohibits a mortgage lender from possessing and using the immovable property that is the subject of a mortgage, including the collection of fruits or other benefits from referring subject, further prescribing (paragraph 2) as null and void provision of opposite contractual order. Consequently, by this provision Croatian legislative
platform does prohibit pactum antichreticum, while antichresis, as an independent contract, is not (co)existant. The aim of this paper is to examine the potential advantages in regulation of the institute of antichresis and / or pactum antichreticum that is considering Croatian law de lege ferenda. For this purpose, the first part of the paper provides the functionally summarized historical legal analysis of these
institutes that propedeutically support the comparative analysis of their position in contemporary law, which has been examined in the second part of the paper, leading to their conclusive evaluation and affirmation of their potential benefits and practical advantages.
Keywords
antichresis; pactum antichreticum; Roman law; Act on Ownership and Other real Rights; security rights; settlement of claims
Hrčak ID:
219392
URI
Publication date:
8.4.2019.
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