Review article
https://doi.org/10.25234/pv/24117
FIDUCIARY OWNERSHIP IN THE ACT OF OWNERSHIP AND OTHER REAL RIGHTS AND THE ENFORCEMENT ACT – THE FUNDAMENTAL DIFFERENCES AND SOME COMPARATIVE SOLUTIONS
Maja Proso
orcid.org/0009-0004-6055-1493
; Faculty of Law, University of Split, Domovinskog rata 8, 21000 Split, Croatia
Fani Milan Ostojić
; Faculty of Law, University of Split, Domovinskog rata 8, 21000 Split, Croatia
Abstract
Fiducia and, in relation with it, fiduciary ownership, was introduced into the Croatian legal system with the adoption of the Act on Ownership and Other Real Rights in 1996. Soon after, the institute was also introduced in the Enforcement Act., which regulates the institute as lex specialis. What is particularly interesting about fiducia and fiduciary ownership in Croatian legislation, and what is at the center of the author’s scientific interest in this paper, are the irreconcilable conceptual differences in the regulation of the institute between the Act on Ownership and Other Real Rights and the Enforcement Act. After presenting the fundamental differences between regulations in the Act on Ownership and Other Real Rights and Enforcement Act, some comparative solutions shall be presented – those in the former SFRJ states and in the Federal Republic of Germany. Based on the research carried out in this way, the authors ask the question whether legal solutions in the Enforcement Act should be modeled on those in the Act on Ownership and Other Real Rights, which arrangement should be given priority, and whether this would contribute to the equality of parties in the fiduciary insurance relationship, i.e. the realization of the principle of fairness.
Keywords
fiducia; fiduciary ownership, restriction of ownership rights by condition; transfer of ownership rights for the purpose of insurance; fiduciary insurance of a claim
Hrčak ID:
312964
URI
Publication date:
29.12.2023.
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