UDC 336(4-672EU)
Biblid: 1451-3188, 17 (2018)
Vol. 18, No 66, pp. 143-157
DOI:

Оriginal article
Received: 01 Jan 1970
Accepted: 01 Jan 1970

THE EU DIRECTIVE ON FINANCIAL COLLATERAL ARRANGEMENTS AND FINANCIAL COLLATERAL IN THE LAW OF THE REPUBLIC OF SERBIA

Vićić Marija (Правни факултет Универзитета у Београду), marija.vicic@karanovicpartners.com

The subject of the work includes the analysis of the Directive 2002/47 / EC on financial collateral arrangements whose implementation in the legal order of the Republic of Serbia was completed by the adoption of the Law of financial collaterals, on June 8, 2018. The author first exposes the basic solutions contained in the Directive, then the methods and mechanisms for its incorporation into the internal order, and then refers to the disadvantages and inconsistencies that have been missed by the legislator when compiling the final text of the Law. At the same time, the author also gives some explanations about the place and role of some new legal institutes in the internal legislation, as well as a critical overview of the consequences that the introduction of such a sophisticated legal regime will produce in the Republic of Serbia.

Keywords: Directive 2002/47/ЕC, financial collaterals, close-out netting, bankruptcy, ownership transfer, the National Bank of Serbia