PRERADA TUĐE STVARI U DOMAĆEM POZITIVNOM PRAVU

Abstract

Before the accession to European Union, Serbia must regulate the entire field of property law in order to meet the harmonization of the European law with an adequate national legislation. In this process the priority should be given to regulating the institutes which are not comprehensively regulated in the positive law, that is which have a lot of legal gaps that are difficult to fill in, such is the institute of obtaining the property by transforming a thing belonging to another person without his consent, especially by using his materials to form a new object, becoming the proprietor of the same (specificatio). In the first three parts of the paper, the author introduces to the readers the methods for acquiring the property in this way, the possibility of returning the transformed object to the original state and the possible criteria for discussing the relationship between the person who performs the alteration and the owner of the material. In the next two parts, the author presents and analyses the national provisions regulating this matter with the critical overview of the following situations: when only one party is a conscientious participant and when both parties in the alteration are conscientious or not onscientious participants. In the concluding remarks, the author formulates her own suggestions how these provisions should be regulated in future.