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ISSN: 2333-9721
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-  2018 

FIDUCIARY SECURITY ON MOVABLE PROPERTY, REAL ESTATE AND ON THE RIGHT

Keywords: fiducial security, fiduciary ownership, security of claims by transfer of rights, lex commissoria

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Abstract:

Sa?etak In this paper, the author illustrates a complex issue of a legal institution of fiduciary security in Croatian judicature, with special emphasis on fiduciary security objects (movable property, real estate, right). The genesis of the fiduciary legal institution is analysed from the early Roman law to the modern European judiciary solutions. Numerous forms of fiduciary security in Croatian legislature are defined through different acts and laws. Part of the paper refers to parties to a proceeding, the legal nature of the legal institution itself as well as its implementation and application in practice. The author critically evaluates the subject matter, emphasising advantages and shortcomings of the above-mentioned legal institution

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