ПРАВО РЕАЛНОГ (СТВАРНОГ) ТЕРЕТА
REAL CHARGE AS A PROPRIETARY RIGHT

Summary/Abstract: In this paper, the author is concerned with the institute of property right in rem (real charge). As this right has not been regulated either in the existing legislation or in the legislation before World War II, the author analyses all the elements of this right, pointing to the formation and functions of this institute at the time of its conception and concurrently overviewing the solutions accepted in comparative law, particularly in the former Yugoslav countries, which may apply in our legislation. In discussing the right of real charge, the author has taken into account the need for introducing this right into the prospective civil law codification, or regulating it in the process of amending and supplementing the Property Relations Act Therefore, the author is interested in the title-holders of the real charge right, its subject matter and contents, with special focus on its legal character, which is an issue of great practical significance. The issue of legal nature of the real charge right is one of the most disputable issue in legal theory, arising from the contents of the real charge right, which comprises elements of both contractual and real law. Thus, the real charge right can fall into the category of both real and contractual rights. However, the author strongly believes it is to be an independent legal institute employed to realize specific aims which define its independent character.

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