ФИДУЦИЈАРНИ ПРЕНОС СВОЈИНЕ РАДИ ОБЕЗБЕЂЕЊА У САВРЕМЕНОМ ПРАВУ
Fiduciary Transfer of Title to Property for the purpose of Securing Claims in the Contemporary Law

Summary/Abstract: In this article, the author analyzes the institute of fiduciary transfer of title to property for the purpose of securing claims in the contemporary legislation. The fiduciary transfer of title is the oldest real security right for securing claims. The application of this institute was abandoned in the Roman law due to the fact that there were no guarantees that the debtor would regain title to property after paying the debt. In the contemporary law, the application of the fiduciary transfer of title to property has been reinstated in a more contemporary form. In particular, the author focuses on the analysis on the existing legal solutions on the fiduciary transfer of title for securing claims as envisaged in the Republic of Montenegro, where this institute has been comprehensively regulated. The author points to the advantages of the contemporary institute of fiduciary transfer of title to property as an instrument for securing claims and proposes that this institute should be introduced into the Serbian legislation.

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