PREDAJA KAO NAČIN PRENOSA DRŽAVINE NA POKRETNIM STVARIMA
DELIVERY AS A METHOD OF TRANSFERRING POSSESSION OF MOVABLE PROPERTY

Summary/Abstract: In the introductory part of the paper, the author focuses on the general concept of the legal institution of possession, followed by an exposition of the concept of delivery. Special emphasis is placed on the characteristics of delivery and the element of intent. The core of the paper is dedicated to the types of delivery and the legal effects they have on property transactions. The Law on Basic Property Relations regulates the methods of delivery by which possession of movable property is transferred. By analysing positive legal regulations and existing judicial practice, the author seeks to address the need in modern society for the existence of forms of symbolic (fictitious) delivery, especially defending this type of delivery in cases of multiple sales of the same item. The author also proposes a thesis on the more recent understanding of certain forms of symbolic delivery. In the concluding section, it is argued that in the future, delivery should be understood as mutual agreement between both (contracting) parties, and that the requirement of good faith should not be insisted on in cases of multiple deliveries when acquiring ownership rights.

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