LEGAL MORTGAGE MODUS ACQUIRENDI

Abstract

In the Republic of Srpska and Bosnia and Herzegovina, the reform
of procedural and material regulations related to immovable property and rights
to nanotechnology has been carried out in order to create favorable conditions
for economic development. There is no economic or any other development,
without credit funds marketed by financial institutions (creditors), who in turn
require an appropriate waiver of a given fund. The most common means of
securing a loan is a mortgage that should provide maximum protection in the
security phase, and especially in disbursement. Such a mortgage can only be
achieved through the constitutive implementation of the principle of enrollment.
Enrolled or registrable mortgage, irrespective of the legal base registration
(contract, law, court decision or any other decision of the authority organ),
provides legal certainty to all legal entities in real estate. In this context, it is
especially significant that the statutory mortgage must be registered in the public
register of the real estate and thus equated with all other forms of mortgage in
accordance with the prior tempore potior iure principle.