Subordinate Positon of a Pledge Law in Republika Srpska / Akcesornost založnog prava u Republici Srpskoj

Abstract

One of the basic and most important principles of pledge law is a principle of subordination. Pledge law is a dependent law and its existence is dependant on existence of legal validity of the active claims and cessation of claims indicates the cessation of pledge law. However, total subordination is apparently a big obstacle toward market economy. Subordination should not be understood as a dogma from which there is no exception. Nowadays there are practically no legal systems in which the subordinate position of a pledge law can be entirely applicable. In the article author deals with the concept of subordination of a pledge law and certain exceptions from that principle which is provided by the Proprietary law.