PRINUDNO PRIBAVLjANjE DOBARA I USLUGA SA OSVRTOM NA EKSPROPRIJACIJU (osnovne postavke)

Abstract

In this paper, the author deals with the issue of forced acquisition of goods and services. The topic is approached both according to positive law and from the historical aspect. Attention is paid to various forms of confiscation of property with a special analysis of the process of expropriation of private goods and services. After public procurement, expropriation is the most common type of procurement of goods and services for the benefit of the state or the wider community. Also, expropriation, on the other hand, is a forced way of transferring the property rights of a natural or legal person on immovable property in favor of the state, which is done in the public interest and with compensation (which should be fair). Other coercive ways of acquiring property for the benefit of the state (ie public entities) are: nationalization, confiscation and arondation. However, only expropriation (from the extraordinary measures mentioned in the paper) has a wider application or significance for the regular functioning of the state, ie its public administration. The author (also) looks at the types of forced acquisition of goods and services for their temporary use. Requisition for the needs of the country's defense is of wider significance. Finally, instead of a conclusion, the legal nature of expropriation was pointed out. It is an institute of mixed legal nature - administrative law nature (public law elements) and property law nature (civil law elements). However, its public law elements prevail.