The transfer of ownership rights into insurance and non-possessory lien on movable property represent alternative forms of real insurance of obligations with movable property. Both institutes have in common that the movable property, which is the subject of insurance remains in the possession of the fiduciant or lienee, which enables them to continue to use it or exploit it economically. On the other hand, possessionlessnesses represents the risk of unjustified disposal of the object of insurance. Both the fiduciary and the lien creditor have no legal protection against a bona fide acquirer of the property. This problem is eliminated in the case of a registered non-possessory lien. Registration in the register provides a publicity effect against third parties, which enables the lien creditor to be protected against a bona fide acquirer of ownership rights. Publicity represents the greatest advantage of a registered lien over a fiduciary property. Fiduciary transfer of ownership rights also has its advantages. The first one is non-accessoriness to the secured claim, which means that it can exist even without a secured claim. In the form of dormant security, the fiduciary property can remain in effect and be used to secure a new obligation when the parties need it. Another important advantage of fiduciary property is in the enforcement of collateral. The Law of Property Code allows the fiduciant and the fiduciary to agree on practically any out-of-court method of repayment, while the lien creditor must comply with the mandatory rules of the manual lien.
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