LEGAL MORTGAGE MODUS ACQUIRENDI

Abstract

In the Republic of Srpska and Bosnia and Herzegovina, the reformof procedural and material regulations related to immovable property and rightsto nanotechnology has been carried out in order to create favorable conditionsfor economic development. There is no economic or any other development,without credit funds marketed by financial institutions (creditors), who in turnrequire an appropriate waiver of a given fund. The most common means ofsecuring a loan is a mortgage that should provide maximum protection in thesecurity phase, and especially in disbursement. Such a mortgage can only beachieved 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 isespecially significant that the statutory mortgage must be registered in the publicregister of the real estate and thus equated with all other forms of mortgage inaccordance with the prior tempore potior iure principle.