Prestanak hipoteke usled eksproprijacije

Abstract

Two groups of situations can lead to cessation of a security right. The first group of situations is connected to the cessation of the hypothec due to the fact that the secured claim has ended, while the second group of bases for the cessation of the hypothec is connected to the situation when hypothec has ceased to exist although the secured claim has not. One of the individual bases from the latter mentioned group is the situation when the hypothec does not exist anymore due to taking of the real estate due to general interest. The Law on Hypothec states expropriation explicitly as one of the general interests, therefore, that is the main focus of this paper. After focusing on the Law on Hypothec, we will also consider the Law on Expropriation and the way it regulates this situation. The focus of this paper will be an attempt to see how the two mentioned Laws regulate the matter and if they do it in the same way. If there are differences, we will try to shed a light on them and explain their significance as well as alternative solutions.