Abstract
The aim of this article is to analyse the legal institute of security, existing in the Czech legal system for a relatively short period of time, in particular on the basis of two legal systems in which it is very notably popular (Germany), and where, vice versa, it is accepted with certain reservations (Austria). Security by transfer of right is a fiduciary legal act respecting certain economic priorities enabling thus a creditor to become (based on the so-called possessory institute) an on owner of a certain movable thing that will remain in possession of a debtor who needs it for his professional activity (a machine, raw materials, etc.).
Should a debtor fail to comply with his obligation, a creditor may freely dispose of such thing. Taking account of these features and experience, in particular in the German jurisdiction, the article ends with criticism and positive proposals with regard to the regulation in the New Civil Code (NOZ).