ANTICHRESIS DE LEGE FERENDA

Authors

  • Matić Matić Faculty of Law University of Rijeka, Croatia
  • Anamari Petranović Faculty of Law University of Rijeka, Croatia

DOI:

https://doi.org/10.30925/zpfsr.40.1.10

Keywords:

antichresis; pactum antichreticum; Roman law; Act on Ownership and Other real Rights; security rights; settlement of claims

Abstract

The Croatian Act on Ownership and Other Real Rights, Article 329 (paragraph 1) prohibits a mortgage lender from possessing and using the immovable property that is the subject of a mortgage, including the collection of fruits or other benefits from referring subject, further prescribing (paragraph 2) as null and void provision of opposite contractual order. Consequently, by this provision Croatian legislative platform does prohibit pactum antichreticum, while antichresis, as an independent contract, is not (co)existant. The aim of this paper is to examine the potential advantages in regulation of the institute of antichresis and / or pactum antichreticum that is considering Croatian law de lege ferenda. For this purpose, the first part of the paper provides the functionally summarized historical legal analysis of these institutes that propedeutically support the comparative analysis of their position in contemporary law, which has been examined in the second part of the paper, leading to their conclusive evaluation and affirmation of their potential benefits and practical advantages.

Additional Files

Published

2020-11-16

How to Cite

Matić, I., & Petranović, A. (2020). ANTICHRESIS DE LEGE FERENDA. Collected Papers of the Law Faculty of the University of Rijeka, 40(1), 261–284. https://doi.org/10.30925/zpfsr.40.1.10

Issue

Vol. 40 No. 1 (2019): Collected papers of the Law Faculty of the University of Rijeka

Section

ARTICLES

License

Copyright (c) 2020 Collected Papers of the Law Faculty of the University of Rijeka

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