FIDUCIJARNO VLASNIŠTVO U ZAKONU O VLASNIŠTVU I DRUGIM STVARNIM PRAVIMA I OVRŠNOM ZAKONU – TEMELJNE RAZLIKE UREĐENJA INSTITUTA I NEKA KOMPARATIVNA RJEŠENJA

Abstract

Fiducia and, in relation with it, fiduciary ownership, was introduced into the Croatian legal system with the adoption of the Act on Ownership and Other Real Rights in 1996. Soon after, the institute was also introduced in the Enforcement Act., which regulates the institute as lex specialis. What is particularly interesting about fiducia and fiduciary ownership in Croatian legislation, and what is at the center of the author’s scientific interest in this paper, are the irreconcilable conceptual differences in the regulation of the institute between the Act on Ownership and Other Real Rights and the Enforcement Act. After presenting the fundamental differences between regulations in the Act on Ownership and Other Real Rights and Enforcement Act, some comparative solutions shall be presented – those in the former SFRJ states and in the Federal Republic of Germany. Based on the research carried out in this way, the authors ask the question whether legal solutions in the Enforcement Act should be modeled on those in the Act on Ownership and Other Real Rights, which arrangement should be given priority, and whether this would contribute to the equality of parties in the fiduciary insurance relationship, i.e. the realization of the principle of fairness.