FIDUCIJARNI PRENOS SVOJINE KAO PRAVO REALNOG OBEZBEĐENjA POTRAŽIVANjA

Abstract

By using comparative method, the author analyzes the fiduciary transfer of ownership with function of security right in rem in regulations of the European- continental legal tradition and critically considers the views of court practice and legal doctrine. The aim of this paper is to answer the question whether fiduciary transfer of property is a purposeful institute for future Serbian law, because it is not regulated in domestic positive law, while it is regulated in some European countries, especially in the legal texts of countries in our neighbourhood. This institute is not regulated by the Preliminary Draft of the Civil Code of Serbia, but it is regulated by the Draft Code of Property and Other Real Rights. In the situation of the planned reform of the domestic law of real security of claims, and in the context of the ongoing harmonization of legal solutions at the level of the European community, the author concludes that this institute is useful for Serbian future law. It functionally exceeds the framework of pledges, thus satisfying the legitimate interests of parties in specific, mutually desired and legal way.