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This paper analyses fiduciary agreements, which, as a form of contract, that is the means of securing obligation and legal claims, are regulated by provisions of specific laws and codifications in some of the European Union countries. Even the Montenegrin legislator enacted a special law governing these legal matters, however in the Serbian law fiduciary agreements fall into the category of innominate contracts. Fiducia originates in the Roman Law and constitutes the first common form of the pledge law. The Latin term fiducia means „trust“, since these legal matters were, first of all, based on the trust between contractual parties. This paper addresses the institution of „trust“ as it is the Anglo-Saxon counterpart of the fiduciary agreement. Etymologically, „trust“ has the same meaning as the term fiducia - trust. Due to their advantages, fiduciary agreements are not even uncommon in the domestic legal practice, while there are certain, as we have already announced, theoretical, but also practical concerns arguing admissibility of this legal matter. These arguments mainly come down to the thesis (mentioned above) that entering into the fiduciary agreement results in violation of the ban on performance of contract lex commissoria in the pledge law. Nevertheless, I provided explanation that differences between contracts of pledge and fiduciary agreements clearly point to the conclusion that fiduciary agreements may not be treated as a pledge, hence they are admissible, that is, they are concluded on the principle of contractual freedom as an imperative norm of the Law on Obligations. Fiduciary agreements (in relation to the realistic means of security) offer to the creditor a higher level of security, reduce the period of payment of his claims, also providing practical benefits for the debtor himself. The paper presents the reasons supporting the view that it would be advantageous for the Serbian legislator, in the process of harmonisation of the legislation in the field of Civil Law with the European Union law, to regulate the institute of fiduciary agreements under the special law, integrate it into the Law on Obligations or make it a part of the future Civil Code of the Republic of Serbia. [ABSTRACT FROM AUTHOR]

Violence against women is the most common form of domestic violence. This problem has long been ignored, because it is considered that family relations, e.g. relations between married and unmarried partners are a private matter and the state's obligation was to refrain from any interference. However, since the problem of domestic violence against women has become increasingly common, the attitude of the international community began to change, and it was increasingly emphasizes the need to create adequate legal mechanisms to provide protection to the victim. In this sense, in the United Nations, and the European Union a number of laws were enacted. In Serbia, there is also both, criminal and civil law regulation that seeks to prevent domestic violence and to punish perpetrators and protect victims. In addition to adequate legal mechanisms, which can always be improved, it is necessary to take certain initiatives by states that can lead to improved awareness among the people about the presence of violence, and the ways in which they can help. [ABSTRACT FROM AUTHOR]

Not much attention has been given to material sources of civil law, in newer legal literature. It is evident that we are missing deeper researches which would contribute to the development of legal science, as well as the legal regulative in that field. It would definitively show that simplified, student book presentation of material sources is insufficient and outdated since long ago. Today, a lot of factors influence forming of civil law, such as: human needs, available resources, social relationships, legal tradition, value system, level of economic development, involvement in integration processes, legal politics, etc. It is indeed a very complex and important issue, which demands cooperation between experts in different fields. The author also points out the need for working on development of anthropology, sociology, philosophy, ethics, economy and politics of civil law, as separate scientific disciplines. [ABSTRACT FROM AUTHOR]