FORMA HARTIJA OD VREDNOSTI PRAVNO-EKONOMSKA ANALIZA

Abstract

Unavoidable question to determine whether there are and what is the significance for the assessment of the legal nature of securities of changes in essential form, and more precisely, the abandonment of a security as a written document in the form of an incorporeal scriptural record, regardless of whether this principle (let's call it by the principle of registration), realized in the register of accounting or computer techniques. This is where we encounter the inaccuracy of the formulation adopted until now, which did not come to the fore in the conditions of non-existence of competition in the form of securities. Namely, we identified the legal relationship from the security with its apparent form as an essential form. In order to examine the legal nature, not of a security as a form (which cannot have a legal nature in the aforementioned sense), but of the right embodied in such a form, it is clear that we are talking about and establishing the existence of possible effects of changes in the form in which it is incorporated, i.e. presented (in a dematerialized way) the same right.