VRSTE I SADRŽINA FIDUCIJARNOG PRENOSA SVOJINE PREMA NACRTU ZAKONIKA O SVOJINI I DRUGIM STVARNIM PRAVIMA SRBIJE

Abstract

The subject of the paper is a consideration of the physiognomy of the institute of fiduciary property for the purpose of real securing of claims, which domestic positive law does not regulate, but whose introduction was proposed by the Draft Code of Property and Other Real Rights of Serbia from 2011. This legal proposal is one of the two drafts of Serbian civil law de lege ferenda, whereby this institute is not regulated by the Draft of the Civil Code of Serbia, and is not the subject of consideration in the paper. Given the importance of harmonizing domestic positive and future Serbian law with EU regulations, whose "soft" law regulates this institute (embodied by the 2008 Draft Common Frame of Reference for European Private Law), the author focuses on the 2011 Draft through the analysis of the types (registered and unregistered modality) and the contents of this institute, originally titled as: the right of entrusted secure property and the right of expected secure property. The author evaluates the draft regulations as innovative, comprehensive and adequate, and the institute as useful in many ways for Serbian law de lege ferenda, advocating for the formal introduction of fiduciary transfer of property for the purpose of security in future Serbian real law. This would expand the range of domestic law of securing claims in rem, and at the same time harmonize domestic law with the solution of "soft" EU law, which regulates fiduciary ownership mainly through the institute of trust.