Finding of treasure trove in comparative law and in future serbian law

Abstract

The subject of this work is comparative analysis and assessment of legal effects and legal nature of the finding of treasure trove in nine European regulations and in the Draft of Uniform Serbian Civil Code that impersonates the future Serbian law. Assessing the public or private property acquisition by finding the treasure trove, both relatively equally argumented, by observing this specific originary kind of finding, the author may come to the conclusion that the notice of the Draft is, in principle, pursuant to notices of neighbouring countries, aimed at harmonizing regulations on subregional level. Concurrently, the author accentuates how important it is that the bounty height and the cost of finding are properly determined for more optimal regulation de lege ferenda. Author also asks for the introduction of possibility of acquiring private ownership subsidiary, in the case when the state uses its abandon right.