SADRŽINA ETAŽNE SVOJINE U NOVIM SRPSKIM PROPISIMA I DRŽAVAMA EU NAŠEG REGIONA

Abstract

One of the obligations which Serbia assumed as a candidate country for the European Union (EU) accession is the harmonization of its legal system with the one in the EU. A field of law which has not had much progress in the harmonization process is the civil law, particularly the property law as its constituent part. The reason for this delay is that EU has not done much in creating a unique, compulsory regulation of property law as a supranational law, mostly as a result of vast differences between national regulations. Yet, the harmonization process has not been abandoned and the most acceptable approach seems to be a gradual and voluntary harmonization of civil law regulations - firstly among the countries in the region which have similar legal tradition and, then, spreading wider throughout Europe. Since Croatia and Slovenia are the only EU countries in our region, the author of this paper has conducted an analysisof comparative legal solutions related to contents of the condominium property in Serbian, Slovenian and Croatian law. Her goal was to give an estimate in the concluding remarks whether it is possible and in what direction should the harmonization of condominium property should proceed in the legal systems of the Republic of Serbia, as well as of Slovenia and Croatia as EU countries in this region.