The content and appropriateness of real debt

• Main Author: Pavićević Aleksandra
• Format: Article
• Language: English
• Published: Union University, Faculty of Law, Belgrade 2015-01-01
• Series: Pravni Zapisi
• Subjects: non-accessory security right; real debt; land debt; the contents of real debt
• Online Access: https://scindeks-clanci.ceon.rs/data/pdf/2217-2815/2015/2217-28151501201P.pdf

The subject of this paper is the content of real debt, potentially a new institute in Serbian law de lege ferenda. The author of the paper, using the comparative method explores the similarities and differences of one segment of the German regulation of land debt and regulation of real debt from the text of the Draft Law on Property and Other Proprietary Rights in Serbia. The author estimates that there are fundamental differences of land debt and real debt in relation to the mortgage (as the most similar institute of domestic law): non-accessoriness and multifunctionality. These real debt features affect the realization of settlement right, making the contents of this institute different from mortgage, suggesting the expediency of introducing real debt in the future Serbian law.