THE LEGAL FRAMEWORK OF THE CONTRACTING PLEDGE IN THE MACEDONIAN LEGAL SYSTEM

Abstract

Every legal system seeks to anticipate sophisticated legal means of security
in order to increase legal certainty in the fulfillment of concluded agreements, to accelerate
economic processes, to develop lending, and to avoid lengthy litigation. Pledge-based as an
real means of securing claims in modern law is one of the most important and most
complicated legal institutes. This institute isn’t a product of modern law, this is known since
the Roman period.
The way the pledge has been arranged has always been the focus of interest in both
legal science and legal practice, but also to all individuals and legal entities.
According the Macedonian positive law, the right to pledge can be defined as: a real
right over a foreign item that secures the pledgee's claim by pledging a particular item or right
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in favor of the pledgee, who is authorized to dispose of the other item; in a way that upon the
expiry of the maturity period it seeks to settle its claim on the value of that item or right ...
In the last few years, both in the world and in the Republic of Macedonia, the topic of
related to pledge is quite current, and as a consequence of the indebtedness of the citizens,today
there is almost no country that does not increase the number of collateralised claims.
The actuality of this phenomenon in the past few years has motivated me to study and
research in order to give an answer to the problems that this issue faces.
Key words: pledgee, pledgor, mortgage, claim, pledge