Izvensodna prodaja zastavljene stvari med gospodarskimi subjekti

slovenian

2015

volume 41, issue 5

IUS SOFTWARE d.o.o.
(Obvezni izvod spletne publikacije)

The authors firstly deal with the legal basis far the formation of a right of private sale of moveable property and secondly analyse and compare the regulations set forth in Slovenian Law on Property Code (SPZ) and Obligations Act (ZOR). They both grant this right to a pledgee from a commercial contract, however the regulations in SPZ and ZOR significantly differ from one another and a reason far such a change can not be found in the available literature. Considering both the fact that even today, pledgees invoke the rights that are given to them by ZOR, if they were acquired in the time ZOR was applicable, and the fact that debtors going insolvent is of everyday occurrence, it is reasonable to research which situations exactly are those where a business person can count on the security of the right of private sale. The article also deals with the paramount importance that the right of private sale of moveable can have in case the debt or goes bankrupt.

19.01.2017