Značaj hipoteke kao sredstva obezbjeđenja potraživanja iz ugovora o kreditu
The significance of a mortgage as a means of securing claims from a credit agreement

Summary/Abstract: A mortgage is a lien on someone else’s property, on the basis of which the mortgage creditor acquires the right to demand from the mortgage debtor the settlement of his due claim from the value of the pledged immovable property before other (ordinary) creditors and before late mortgage debtors, regardless of where the immovable property is located. Therefore, we can conclude that the basic authority of the mortgage creditor, which is contained in the subjective right of the mortgage, is the authority to monetize the mortgaged real estate in order to settle his due claim, and all other rights at his disposal serve primarily to realize his basic authority. On the other hand, the loan agreement represents a deal by which the bank undertakes to put a certain amount of money at the disposal of the loan beneficiary, and the loan beneficiary undertakes to return the borrowed funds with interest at a specified time. Although it is a legal business with strong elements of intuitu personae, banking law has constantly tried to improve this business through the development of certain legal mechanisms where the mortgage institute proved to be a very safe means of securing the creditor’s claim by the credit user himself or a third party. In modern banking operations, collateral is an indispensable companion of active banking operations, i.e. transactions in which banks appear as creditors of their clients, bearing in mind that the risks of liquidity, solvency, and thus the solidity of clients are such that banks are forced to require collateral in almost all credit agreements. The practice of banks in the world, and more and more in our country, shows that mortgages are one of the most frequently used means of securing loans of higher value. The goal of the research is to analyze and determine the importance of the mortgage as a mechanism for securing claims in the conditions of concluding a loan agreement, and to look at the effects of the mortgage as a means of ensuring the orderly performance of obligations by the borrower on bank operations, both positive and possibly negative.

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