DISCUSSION ON SERBIAN CIVIL LAW IN NIS
21.10.2015

The Ministry of Justice in cooperation with the Court of Appeal in Nis, with the support of Palilula Municipality in Nis, organized a public hearing on "The Draft Civil Law of the Republic of Serbia" - a general part and property (art.1-157 and 1694-2211). The opening statements Nis Appeal Court had Prof. Dr. Miodrag Orlic and Prof. Dr. Dragor Hiber. Moderator of public discussion was Gordana Stamenić, coordinator of the process of drafting the Civil Law of Serbia. Boban Dzunic , president of Palilula Municipality participated in discussion.

As Gordana Stamenić explained, the text of the Draft of Civil Law, drafted by the Commission for drafting the Civil Law of the Government of the Republic of Serbia was made up of University professors and scientists, Supreme Court of Cessation, lawyers, representatives of state bodies and other prominent experts. Professional and general public will be able through the context of public debate, express their comments and suggestions on this document and its active participation contribute to the adoption of the best legal solutions. Professor Orlic in his opening speech said that the Civil Code which is now being drafted, should include substantive law of several individual laws - the law of inheritance, family, obligation, and the actual status law. For the first time in our legislation, the right of the property is to be declared a human right. You must look at the position of the endowment, the responsibility for one's own guilt, especially professional responsibility of doctors, veterinarians, engineers, architects, craftsmen, notaries, lawyers.

The big news is the right of the citizens as a whole, a new way of regulating the mortgage, said Orlic. Ownership should be the same for a citizen and for the state, there is a lot of backlog. He recalled that the draft has 2,838 members and about 400 alternatives allowing for the introduction of changes and amendments in relation to the current contents of the Code. Real law regulates the area of property rights to the modality, easements, the right for building and a lien right. Serbia was in the 19th century the third (or fourth) country in Europe which had the Civil Law (1844), which was formally in force until the end of the Second World War, but some of its provisions are applied and lived much longer. That time is not lost on quality, shows that it was the countries of former Yugoslavia, with minor changes, taken as a contractual obligation. Public consultation on the draft Civil Code was held in the Court of Appeal in Nis, with the support of Palilula which hosted the previous public debate in our city on the Draft of the Law on Amendments and Supplements to the Law on Property Restitution and Compensation will be continued in other areas.