COLLECTION OF CLAIMS ENSURED BY A TRANSFER OF OWNERSHIP (FIDUCIA) OF REAL ESTATE SINCE THE AMENDMENT TO THE CROATIAN ENFORCEMENT ACT MADE IN 2017

Sa？etak The objective of this paper is to analyze the legal framework and the procedure of collection of claims ensured by a transfer of ownership (fiducia) pursuant to the provisions of the Croatian Enforcement Act. The paper describes the requirements and the procedure of collection of claims that are ensured by a transfer of ownership (fiducia) of real estate pursuant to the provisions of the Croatian Enforcement Act after the amendment made in 2017. The paper depicts the judicial and the notarial procedure of sale of the real estate, analyzing the position of the parties at the stage of inciting the procedure, during the sale procedure, as well as their possibilities to influence the course of procedure. The paper analyzes the legal position of the parties after the termination of the collateral, their rights and obligations in relation to the real estate which was subject to collateral and the legal consequences of the termination of the collateral in question