Izvorni znanstveni članak
Pledge on a bank account under Yugoslav law
Ljerka Mintas Hodak
; Jadranski zavod HAZU, Zagreb, Hrvatska
Sažetak
A pledge of money on a bank account as security for the repayment of a loan for the acquisition of a vessel has not been common in Yugoslav banking practice up to now. The author thus restricts her deliberations to analysis of the relevant legal provisions in Yugoslavia permitting such transaction but gives no examples from practice nor court decisions. As a precondition for discussing the possibility of opening an account with a Yugoslav bank and keeping the money on an account pledged in favour of the lender, it is pointed out that it makes sense for the lender only if the account is in some convertible foreign currency. According to the provisions of Yugoslav law foreigners (physical persons or legal entities) can open and keep a foreign currency account in Yugoslav banks without any restrictions. Nevertheless up to now Yugoslav legal entities are not permitted to do so although it is expected that this will soon be changed. Having this in mind one can conclude that even according to existing Yugoslav law the possibility already exists for Yugoslav shipyards making a loan for the building of a ship for foreign Buyer to ask the Buyer to open an account in foreign currency (keeping all ship's earnings on it) with Yugoslav bank and pledge it in favour of the shipyard. If and when the legal restrictions regarding the right of Yugoslav legal entities to open a foreign currency account in Yugoslavia will be removed than even Yugoslav legal entities as credit debtors to foreign lenders would have the possibility to give a pledge over money on their account in Yugoslavia in favour of the foreign lender (provided of course that the parties to the loan agreement chose to open an account in Yugoslavia).
Ključne riječi
bank account - pledge; vessel - acquisition; foreign currency account;
Hrčak ID:
215172
URI
Datum izdavanja:
18.12.1989.
Posjeta: 683 *