Preliminary communication
COMMISSORY FULFILMENT OF AUTHORISATION OF CREDITORS WHOSE CLAIM IS SECURED BY PLEDGE TO COLLECT PAYMENT FROM THE VALUE OF MOVABLE PROPERTY
Gabrijela Mihelčić
; Pravni fakultet Sveučilišta u Rijeci
Abstract
The author in the article compares legal solutions governing the commissory collection of payment of creditors whose payment is secured by pledge, i.e. of creditors of the security interest and security rights from the value of movables as secured things according to the French Civil Code, American Uniform Commercial Code, Draft Common Frame of Reference of a European Private Law and according to the Croatian law. To make analysis of the institute and to single out its characteristics the author raises following questions: a) is the creditor authorised to commissory settle his claim by law or is it presumed that such settlement was previously agreed by contracting parties; b) does the creditor have an obligation to return any amount left to the debtor after he settles his claim from the price achieved; c) what are criteria for the assessment of secured thing value; d) what about rights of other creditors, i.e. authorised persons in respect of the secured thing.
Keywords
law of pledge; lex commissoria; hyperocha
Hrčak ID:
53529
URI
Publication date:
8.4.2010.
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