Review article
https://doi.org/10.25234/pv/23808
REGISTRY LIEN ON WEAPONS
Davorin Pichler
; Faculty of Law, Josip Juraj Strossmayer University of Osijek, S. Radica 13, 31000 Osijek, Croatia
Abstract
When a lien is established by entry in a specific public register (registry), it is a registered lien – a mortgage. According to the method of establishment, the right of lien, which is established by entry in the public register (registry), is called a mortgage. In modern real law insurance systems, an important place is occupied by lien law insurance, which allows the creditor, upon maturity of the claim, if it is not settled, to be settled from the value of the pledged thing, regardless of whether the thing at the time of settlement is owned by the pledge debtor or not. In this sense, the arrangement of lien insurance on things that are restricted in circulation for social, political and security reasons is particularly important. Thus, for weapons, a special regulation has determined the regime of legal circulation characterized by various restrictions, approvals and records of possession and ownership. Possession of weapons in the Republic of Croatia is governed by the Act on the Acquisition and Possession of Weapons by Citizens. However, the assumptions, effects and procedure for registration of a registered lien on weapons as movable property are governed by the Act on the Register of Court and Public Notary Security of Claims on Movable Property and Rights. In this regard, there are various registers in which different actual rights to weapons are registered, and which are kept by different state bodies. The paper analyses the actual legal significance (declaratory and constitutive) of the registration of weapons in various registers, the procedure and legal consequences of the registration. Open issues of establishment and transfer of lien rights, satisfaction of the lien creditor, right to possession and use of weapons as pledge are highlighted. The adequacy of the existing types of entries in the Register of Court and Public-Notary Security of Claims on Movable Property and Rights is analysed. The paper offers to provide guidelines and possible solutions for the regulation of these issues de lege ferenda that would meet the general, political and legal interests, as well as interests in private law of real rights holders on weapons.
Keywords
lien; mortgage; weapon; register; movable property; property
Hrčak ID:
301155
URI
Publication date:
30.4.2023.
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