FIDUCIJARNI PRENOS SVOJINE I ZEMLjIŠNI DUG – KAO NEAKCESORNA PRAVA OBEZBEĐENjA POTRAŽIVANjA

Abstract

The subject of the paper is a comparison of the characteristics of two nonaccessory, atypical rights of real security of claims, which in modern law find their application. In question are the fiduciary transfer of property for the purpose of security (German Sicherungsübereignung) and land debt (German Grundschuld). In order to be able to take a position on the expediency of the possible introduction of the institute of fiduciary and/or land debt into future Serbian law, it is necessary to first: get to know the characteristics of these institutes unknown to us; then, locating similarities and differences between them, as well as locating their connection with related real (accessory) guarantees known by domestic and comparative law. The subject of comparison of these institutes in the paper are their key segments, namely: concept, basic properties, positive legal regulation, establishment conditions, functions and principles. The final goal of the research is to draw a conclusion about their similarities and differences, advantages and disadvantages, and how we could eventually - cumulatively or alternatively - recommend them as a legal transplant for future Serbian civil law, and with the aim of its further evolution, as well as the harmonization of domestic civil law de lege lata and de lege ferenda with the socalled "soft" EU law.