ЗАСНИВАЊЕ ЗАЛОЖНОГ ПРАВА НА НЕПОКРЕТНОСТИ У ПОСТУПКУ ОБЕЗБЕЂЕЊА
ESTABLISHING MORTGAGE IN THE SECURITY PROCEEDING

Summary/Abstract: The procedure of real guaranty is a branch of the execution procedure in which is secured future realization of the creditor's claim when there is such a need to secure it until conditions for carrying the execution procedure out because of de¬finite realisation of creditor's claim are met. The law on execution procedure fore¬sights, as one of the means of security, right of pledge on real estate (mortgage). The author of the paper analyzes mortgage ordered by the Court, which ap¬pears, by statutory provisions, both as a coercive right of pledge on real estate and right of pledge on real estate on the basis of agreement of the parties. These two means of real guaranty are identical by their real nature, aim, activities and conti¬nuance. There are differences between them which are to observed in regard to the mode of their establishing and procedure in which they are defined.

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