PRAVNI ZAPISI • Year I • No. 1 • pp. 119-138

ON THE QUALITY OF RECENT CIVIL LAW LEGISLATION IN SERBIA

Language: Serbian

Dr Miloš Živković
Asistent, Pravni Fakultet Univerziteta u Beogradu

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Pravni zapisi, No. 1/2010, pp. 119-138

Original Scientific Article

DOI: 10.5937/pravzap1001119Q

KEY WORDS
Systematic compliance, civil law, civil law regulations.

ABSTRACT
As Serbia does not have a civil law codification, one of the specific challenges in adoption of civil law legislation, especially in parts of civil law which are not regulated by specific codifications, is to preserve a systemic approach to civil law legislation. A systemic approach stands for insist- ence on all civil law legislation being mutually and internally compliant and, other than in absolutely necessary, no exemptions from certain gen- eral rules and principles determined in the civil law doctrine. Such an ap- proach is a typical feature of the continental European legal circle and has numerous advantages which come down to a high level of legal certainty. Analysis of certain provisions of the Law on Registered Pledges on Mov- able Assets (provisions on excerpts from the Pledges Registry as an execu- tive document), Law on Mortgage (provisions on the right of the creditor to sell the mortgaged asset out of court in his/her own right), Law on Real Estate Transaction (provisions on prohibition of verification of a contract on real estate transaction if the same assigner has already concluded such a contract) and Law on State Survey and Cadastre (provisions on what is entered into the registry as immovables, i.e. what an immovable asset is), clearly shows that a systemic approach in civil law regulation, and more concretely property law, was completely neglected in newer civil law leg- islation and, further on, that such a neglect is one of the reasons for prob- lems in practical implementation of legislation. Emphasising that the best way to overcome this problem is a codification, primarily for the nowa- days not codified property law, this work suggests the establishment of an expert body which would, until the codification is adopted, have a task to monitor legislative procedure and ensure the systemic compliance of drafts of different civil law legislation.