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In situations where the fundamental human right to work is threatened by unlawful termination of employment, i.e., if the termination of employment occurs contrary to the provisions of the Labor Law or another special law, the employee achieves protection through the court in a procedure which is regulated by the Civil Procedure Law. In the paper, the authors deal with the peculiarities of the litigation procedure for protection against unlawful termination of employment, but also with the normative solutions and legal consequences of unlawful termination of employment that occur for the employer. [ABSTRACT FROM AUTHOR]

The article sheds light on the regulations of Roman law appearing Property Law, Law of Obligations) in the works of Pavle Seroglić, the first reviewer of Serbian Civil Code (1844) (The Review of the Civil Code for the Serbian Principality, Promulgated on 25 March 1844 (Pregled Zakonika građanskog za Knjažestvo srbsko, 25. marta 1844. obnarodovanog, published in Bačka vila 4/1845, 114-187). Counterresponse to Response of Mister Miloš Svetic in the Third Linguistic Counterattack (Replika na odgovor gospodina Miloša Svetića u Utuku III Jezikoslovnome, Novi Sad 1847) and Civil Law in Croatian-Slavonian and Serbian-Banat Military Border (Gradansko parvo uc.k. Hrvatsko-slavonskoj i Srpsko-banatskoj Vojničkoj granici, Šeroglic's undated and unpublished commentary of Austrian General Civil Code, kept in the archival materials of Sremski Karlovci Grammar School in the Archives of Serbian Academy of Sciences and Arts in that town. The provisions of civil law cited by Seroglić are sorted by similarity with necessary clarifications thereto. This paper, being the first of two sequels of the article related to Seroglic's accounts on Roman law, shall shed light on the author's fragments on is Greek legal transplants in Rome, theory of law, property law and law of obligations, whereas the passages in relation with other branches of Roman law shall be scrutinized in the follow-up article. [ABSTRACT FROM AUTHOR]

Abstract: In recent years, the shaping of special legal regimes has been intensified. They discreetly influence the ideological and value orientation of the Civil law and, to an increasing extent, its structure Deviation from the general legal regime means that individuals or narrower social groups are brought either to a privileged or to a less favorable position in relation to other right holders. A more pronounced disparity between the general and the special can affect the stability of society, especially when it comes to the segment of the legal system that regulates issues related to the distribution and appropriation of goods in the domain of Real property law and Inheritance law. The introduction of new special legal regimes should affect the spread of Civil law. However, in most legal systems there is an opposite trend. New legal institutes that are in the function of implementing special legal regimes are governed by special regulations and often become part of separate, independent branches of law Dispersion is especially emphasized in the domain of Real property law The problem is that special legal regimes have not been the subject of more detailed studies in domestic doctrine. In this paper, questions concerning their conceptual definition, legal nature and practical significance are opened. In the first part, which could be conditionally called general, the current problems related to ideological and systemic dilemmas are analyzed. In the second, special, the current concept of a special property regime that applies to cultural goods is analyzed Cultural goods are material elements of the cultural heritage of our country The Constitution of the Republic of Serbia recognizes their status as goods of public interest, which implies the need for their enhanced protection. It is achieved by prescribing various public law restrictions that narrow the autonomy of the will of the owner. The paper analyzes the limitations of property entitlements for immovable and movable citiral goods, as well as for the goods that enjoy prior protection. Domestic regulations are inadequate in some segments because they provide for excessive restrictions (e.g. when determining the category of goods to which the right of pre-emption applies), because in some places they are insufficiently precise (in terms of determining the holder of the pre-emption right), or insufficiently elaborated (due to the failure to provide for the notification (die Anmerkung) of an (immovable) property that enjoys prior protection in the real estate cadastre). This emphasizes the importance of striving to achieve a fair balance between the public interest of the community, on the one hand, and the interests of owners, on the other. [ABSTRACT FROM AUTHOR]

By using comparative and axiological method, the author considers the following issues: the purposefulness of right of retaining possession; definition and legal nature; optimal conditions for its establishment in contemporary domestic and comparative law; its contents and effect. The subject of this paper is analysis of regulation of right of retention possession in Serbian positive law; two Drafts of the future Serbian Civil Law; as well as the retention model-rule of the 2008 Draft Common Frame of Reference (DCFR). The author estimates that right of retaining possession should exist in Serbia’s future civil law, because it has a triple justification. The paper contains explained proposal for the future regulation of retention as a quasi real right in rem and assessment of its compliance with EU ACQUIS. The author concludes that the direction of the further evolution of retention in European law is common, and that is - recognition of the broader content and stronger effect of the institute, in order to protect the interests of the retinent more effectively. [ABSTRACT FROM AUTHOR]

The article sheds light on regulations regarding civil procedure issued in Montenegro at the end of the 19th and the beginning of the 20th century. They deal with various subjects, above all with jurisdiction of civil courts, with deadlines for filing an appeal and with the issue of the finality of judgments as these are the most important questions in civil lawsuits, and, as such, above-mentioned rules were carefully scrutinized in the paper. These first written procedural rules adopted by the Ministry of Justice, the State Council and the Grand Court were very important considering the fact that they introduced modern principles in civil litigations, such as the principles of orality, immediacy, publicity, contradiction, material truth and free judicial evaluation of evidence. However, without the unification of procedural law a speedy and efficient trial and adequate protection of the subjective rights of parties to the proceedings could not be ensured. Only a proper Code of civil procedure could entirely meet these requirements. Montenegrin lawmakers had been fully aware of this fact and so in November 1905 the Code on Judicial Proceedings in Civil Lawsuits for the Principality of Montenegro was enacted. When the aforementioned Code entered into force, the codification endeavor in the field of civil procedural law was completed. Its content, structure and general features were meticulously analyzed in the study. [ABSTRACT FROM AUTHOR]

For a long time in the past water had been treated as common goods which was supposed to be equally available to all members of the social community. Nevertheless, throughout the time, circumstances have changed. The emergence and incremental strengthening of an individual ownership have contributed to the transformation of social relations being established with regard to the use of water resources. Owners of immovable property immediately connected to the sources, are, pursuant to the principle of priority, entitled to use the water for their needs and those of their households (prior tempore, potior iure). According to the traditional view, the neighbours were obliged to restrain from the use of water, up until the property owner met his needs, within the limits of the so called regular use. Following the same logic, a privileged owner of the immovable property could also demand from all other persons not to interfere with his use of water resources (ius excludendi tertii). Namely, entitlement to use water was of an accessory nature and it belonged to the corpus of ownership right, which could, as an absolute right, be enforced against anybody (erga omnes). Later on an independent and transferable right to use water resources was established and its holders could become a state, a local community, a private legal and natural person, regardless of the ownership right over an immovable property connected to the water resource. Meanwhile the understanding of the right of ownership has substantially changed. It is no longer considered an absolute in its original sense. Constitutions of some countries and decisions of the highest national and supranational courts stipulate that the ownership has a social function and that it may be limited in the public interest. Likewise, an entitlement to use water resources may be restricted in the interest of social community, and as the practice of some countries testifies, also in the interest of other natural and legal persons. This view, inter alia, is supported by different forms of public- private partnerships. The right of an immovable property owner to use the water resources could additionally be restricted by recognising the universal human right to water. Connected therewith, the legal theory abounds with dilemmas. The most prominent is the one concerning the existence of such a universal human right. Some authors argue that it does not exist, but that it has been emerging. Other writers contend that it is implicitly contained, id est, derived from the exiting human rights, whereas some take a stand that it is a sui generis right. The paper offers a comprehensive analyses of the documents adopted by the United Nations and the Council of Europe, jurisprudence of the European Court of Human Rights along with the regulation of the European Union and the Republic of Serbia on that matter. Introducing the universal human right to water has a special significance in the present time. There are two main reasons for that. The first one presents the possibility of horizontal application of human rights in civil law relations (constitutionalisation), which may cause narrowing of the ownership right in the interest of other persons. The second one are mass migrations triggered by climate change, global warming and water scarcity. In such circumstances, an adequate legal policy shall be identified, based on an all-encompassing scientific research, followed by adopting the corresponding regulation. [ABSTRACT FROM AUTHOR]

The new Hungarian Civil Code regulates the memorandums of association of companies in its Third Book, while the Sixth Book contains the provisions of (other?) contracts. The memorandum of association is quite different from typical civil law contracts. Its most characteristic feature is that it establishes a legal entity. In most cases, the regulation of the memorandum of association is different from the provisions on contracts set out in the Civil Code, and there is no provision in the law according to which the latter should also be applied to the memorandum of association. But should they? [ABSTRACT FROM AUTHOR]

The traditional view that only the police are responsible for security at sports events has largely been abandoned in the sense that stewards have more important place. Hus is also recognized in the Serbian legislation, in the standards of the Law on Private Security (LPS), the Law on the Prevention of Violence and MiSRonduct at Sports Events (LPl'MSE), the Law on Public Assembly', and the international regulations of sports federations. The Council of Europe Convention on an Integrated Safety, Security and Service Approach at Football Matches and Other Sports Events - No. 21S. (CETS 21S), together with the Recommendation REC (2015) 1, and its annexes, which supersedes all previous recommendations, resolutions and statements, has also contributed to defining the role of stewards. Recommendation has become an integral part of the Convention (CETS 21S). Common to all the aforementioned regulations is that the stewarding operations can be handled by persons who have completed special training. Unlike international regulations that provide extensive training for stewards, the existing programs in Serbia envisage very few hours of training. The work of stewards would certainly be aided by the improvement of certain legal regulations governing this area. The Republic of Serbia is not yet a signatory' to the Convention (CETS 218), and it is necessaiyfor the authorities to accede to its signing and ratification in order for Serbia to adopt the newly established Eurovean standards in this field as soon as vossible. [ABSTRACT FROM AUTHOR]

The article reveals new data on first attempts of codification of civil law in the Prinipality of Serbia. The attempts lasted from 1S27, the year in which prime codification works are recorded, to 1837, when French Civil Code was rejected as a role model offuture Serbian code. The revelations came from archive materials and non-Serbian literature and press. They are related to the work of the first and second codification committee, draft civil code composed between 1834 and 1837 and some details regarding the engagement of expert lawyers for the purpose of drawing up civil code. [ABSTRACT FROM AUTHOR]

By way of the Law on the Registration Procedure with the Cadastre of Real Estate and Utilities, one more significant reform of the real estate cadastre was performed in 2018. This article aims at presenting the goal, scope, systematic and practical consequences of some of its solutions. Primarily, attention is drawn to the fact that certain novelties, introduced in order to digitize and update the real estate cadastre, entirely disregarded private law nature of the rights that are registered in this cadastre, marginalizing thus the initiative of private entities. A special interest has been laid in the scope of the new rule that pertains to the registration of the common ownership of spouses in the real estate cadastre, in the light of the current conception of common property of spouses in Serbia. After a brief overview of the origins of this rule, and relying on the concrete cases, possible consequences of its application have been outlined. It is emphasized that this rule opened an additional space for triggering the principle of trust in the data registered with the cadastre, leading at the same time, at least indirectly, in a number of cases, to the circumvention of the concept of common ownership (and property) of spouses that exists in our legal system, giving thus rise to the far-reaching consequences. [ABSTRACT FROM AUTHOR]

According to László Kelemen, a contract is a lex contractus, a real source of law, when material right enables human self-determination to create law. In the field of civil law, this individual self-governance indeed widely prevails, whereby legal entities themselves shape the law to legally unregulated relations of life and to some parts of them which are not arranged. In labour law, the legislative power of individuals must be re-discovered in employment contracts, to which it is essential to enforce the principle of partnership. Section 13 of the Labour Code also establishes a hierarchy of the rules on employment, and the said hierarchy is broken by the principle of more favourable treatment for the employee, which means relatively cogent and relatively dispositive rules in civil law. At the same time, the regulatory technique of the Labour Code clearly demonstrates a respectfor the principle of freedom of contract and the promotion of self-governance. The essay presents the thinking of Hungarian Labour Lawyers including the author on the nature of Labour Law. The author draws the attention to the principle of partner relationship within the Hungarian Labour Code, showing the opportunities in the Hungarian Labour Law regulation for flexibility. [ABSTRACT FROM AUTHOR]