Ugovor o hipoteci i založna izjava kao izvršne isprave

Abstract

This article concerns a mortgage contract and a pledge statement as specific enforceable documents prescribed by The Law on Mortgage, but also by The Law on Enforcement and Security Interest. These enforceable documents, whose form and content are regulated in detail by The Law on Mortgage, give a creditor the opportunity to simultaneously secure a monetary claim and gain an enforceable document which will be, when a claim is due, the basis for the satisfaction of the claim in legally prescribed out-of-court or so-called judicial proceedings. The author explained that, in his opinion, a mortgage contract and a pledge statement do not need a certificate of enforceability, because enforceability of these enforceable documents is usually established by their content, and it is important that the monetary claim is due. A lawsuit can be brought against the enforceable documents and certain court cases are also mentioned. A creditor can choose to satisfy his claim according to the rules prescribed by The Law on Mortgage or by The Law on Enforcement and Security Interest, but there is a deadline for making that choice.