Fiducia cum creditore: Risk management and double ownership
Abstract
Credit risk represents one of the many problems that the legal profession is called upon to solve. It has been so from ancient times and the instruments used to deal with it then are applied even today. One of them, experiencing a renaissance in the last 20 years, is fiducia cum creditore. It has been introduced into Croatian law in 1996, followed by discussions about the nature of ownership transfer it is founded on. In an effort to provide a historical basis for further argument, the author investigated the patrimonial positions of creditor and debtor in Roman law fiducia cum creditore. In these considerations, emphasis is put on the parties interests and the internal element of risk, especially elaborated in the matter of furtum fiduciae.
Keywords:
risk management / fiducia / Fiducia cum creditore / double ownership / divided ownership / credit riskSource:
Anali Pravnog fakulteta u Beogradu, 2010, 58, 3, 96-107Institution/Community
Pravni fakultet / Faculty of Law University of BelgradeTY - JOUR AU - Karlović, Tomislav PY - 2010 UR - https://ralf.ius.bg.ac.rs/handle/123456789/1446 AB - Credit risk represents one of the many problems that the legal profession is called upon to solve. It has been so from ancient times and the instruments used to deal with it then are applied even today. One of them, experiencing a renaissance in the last 20 years, is fiducia cum creditore. It has been introduced into Croatian law in 1996, followed by discussions about the nature of ownership transfer it is founded on. In an effort to provide a historical basis for further argument, the author investigated the patrimonial positions of creditor and debtor in Roman law fiducia cum creditore. In these considerations, emphasis is put on the parties interests and the internal element of risk, especially elaborated in the matter of furtum fiduciae. T2 - Anali Pravnog fakulteta u Beogradu T1 - Fiducia cum creditore: Risk management and double ownership EP - 107 IS - 3 SP - 96 VL - 58 UR - conv_3113 ER -
@article{
author = "Karlović, Tomislav",
year = "2010",
abstract = "Credit risk represents one of the many problems that the legal profession is called upon to solve. It has been so from ancient times and the instruments used to deal with it then are applied even today. One of them, experiencing a renaissance in the last 20 years, is fiducia cum creditore. It has been introduced into Croatian law in 1996, followed by discussions about the nature of ownership transfer it is founded on. In an effort to provide a historical basis for further argument, the author investigated the patrimonial positions of creditor and debtor in Roman law fiducia cum creditore. In these considerations, emphasis is put on the parties interests and the internal element of risk, especially elaborated in the matter of furtum fiduciae.",
journal = "Anali Pravnog fakulteta u Beogradu",
title = "Fiducia cum creditore: Risk management and double ownership",
pages = "107-96",
number = "3",
volume = "58",
url = "conv_3113"
}
Karlović, T.. (2010). Fiducia cum creditore: Risk management and double ownership. in Anali Pravnog fakulteta u Beogradu, 58(3), 96-107. conv_3113
Karlović T. Fiducia cum creditore: Risk management and double ownership. in Anali Pravnog fakulteta u Beogradu. 2010;58(3):96-107. conv_3113 .
Karlović, Tomislav, "Fiducia cum creditore: Risk management and double ownership" in Anali Pravnog fakulteta u Beogradu, 58, no. 3 (2010):96-107, conv_3113 .