Izazovi i nedoumice založnog prava na digitalnoj imovini u pravnom sistemu Republike Srbije

The development of digital assets and their increasing economic value raises numerous legal questions, especially in the domain of security interests. This paper will firstly examine the concept of digital assets and their legal status within the legal system of the Republic of Serbia. It then analyses property rights institutes that serve as security mechanisms, with a particular focus on pledge rights. The central part of the paper is dedicated to pledge rights on digital assets, including issues related to their establishment, publicity, and enforcement. A specific challenge arises concerning the fiduciary transfer of digital assets, as Serbian law presents uncertainties regarding whether it constitutes a classic pledge right, fiduciary ownership, or a transfer of ownership with a resolutory condition. The paper aims to analyse these contentious issues and highlight the possible legal implications of the current regulatory framework, as well as potential directions for its further development. The conclusion emphasizes the need for a more precise normative formulation and harmonization of the domestic legal framework with contemporary trends and digital technology.