HIPOTEKA PREMA ZAKONU O STVARNIM PRAVIM REPUBLIKE SRPSKE
MORTGAGE ACCORDING TO THE LAW ON REAL RIGHTS OF THE REPUBLIC OF SRPSKA

Summary/Abstract: Mortgage is a standard institute of the civil law that holds a growing importance nowadays, predominantly along with the expansion of market economy and private property. On account of all mentioned, mortgage law needs to be permanently upgraded and transformed in conjunction with new economic and credit conditions in the open society. Draft bill, although associated with some shortcoming, regulates this Institute in fairly comprehensive and inclusive way. We are of the opinion that this was an opportunity to present some new data related to the reorganization of the mortgage. We also think that it is more appropriate to regulate the extensive approach of action related to the mortgage, especially concerning the transfer of guarantee to all increasing claims in consequence of the debtor’s lateness and it should also work out the rights of the mortgage creditor in case of the lesser value of the mortgage. Moreover, there is an obvious need to standardize the Institute of the common mortgage in detail. This was also an opportunity to define more clearly the rank of the legal mortgage, because it is not recommendable to violate the reliability and completeness of the public records related to the real estate property. There are also some other segments of this Institute that call for more adequate standardization in the upcoming legislation. On account of all mentioned, most important task will be to create more stable economic and market conditions in which the mortgage, being the safest way of assurance, will reach its full peak.

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