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Collected Papers of the Faculty of Law of the University of Rijeka / Raccolta di scritti della Facoltà di giurisprudenza dell'Università di Rijeka / Gesammelte Schriften der Rechtswissen, Vol. 41 No. 2, 2020.

Review article

https://doi.org/10.30925/zpfsr.41.2.7

LEGAL-HISTORICAL OVERVIEW OF THE DEVELOPMENT OF THE INSTITUTE OF PRECARIOUS LOAN IN CROATIAN LEGISLATION

Jelena Kasap orcid id orcid.org/0000-0002-8182-7493 ; Faculty of Law, Josip Juraj Strossmayer University of Osijek, Osijek, Croatia
Višnja Lachner ; Faculty of Law, Josip Juraj Strossmayer University of Osijek, Osijek, Croatia

Full text: croatian pdf 411 Kb

page 567-586

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Abstract

The two legal institutes, the precarium, i.e. precarious loan and loan for use are often identified in everyday speech even in the legal context, and revocability is emphasized as the only feature of their differentiation. Taking into account the opinion of legal theorists according to which the legal effect of the precarium can be achieved
by applying the rules on borrowing, some of the modern codifications of civil law failed to define the precarious loan as an independent legal institute. Nevertheless, the Croatian legislator, guided by the historical application of the Austrian General Civil Code in the Croatian territory, standardized the institute of the precarious loan by a separate legal provision and thus defined it by the subtype of the contract of loan for
use. The very rare use of this institute in legal practice as well as the lack of interest for this institute in modern civil law theory make the nature of this institute still insufficiently clear. A comparative analysis of legal theory, but also of foreign legislation that served as a basis for drafting the legal framework of borrowing in Croatian law will try to determine the features of the precarious loan and point to cases where the application of this institute is particularly opportune. Despite the similarity of the two mentioned legal institutes of loan for use and the precarious loan that will be pointed out in the content, the basic purpose of this research is to emphasize the importance of each institute taking into account the features that distinguish them and confirm that both institutes have their own purpose, practical importance and application in Croatian law.

Keywords

loan for use; revocation; General Civil Code

Hrčak ID:

244133

URI

https://hrcak.srce.hr/244133

Publication date:

24.9.2020.

Article data in other languages: croatian german italian

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