REALNI TERETI

Abstract

The subject of the author's considerations are factual encumbrances, which are permitted under the law of the Republic of Serbia, but are not expressly defined in the law. Therefore, the author bases her analysis on the material collected about this institute from legal theory as well as from the laws and codes of the countries where it is normatively regulated. The analysis of this institute of real law begins with its conceptual definition. Then, its origins and development in other countries are discussed. The work also analyses the subjects, the content, the object and the acquisition of factual encumbrances. Points of demarcation in relation to similar institutes are pointed out and finally an overview of various possibilities for its termination is given. In the final part, the author summarizes the results of the obtained analysis, along with a critical assessment of the current state of national legislation in relation to this institute and indicates possible ways to resolve it.