STICANjE SVOJINE NALAZOM SKRIVENOG BLAGA, IZGUBLjENE STVARI I OKUPACIJOM U SRPSKOM POZITIVNOM I BUDUĆEM PRAVU

Abstract

By using the normative and axiological method, the author examines the concept and legal consequences of finding three different categories of movable property in Serbian current and proposed future law, namely: hidden treasure, someone else's lost property and nobody's property. In the focus of the critical scientific analysis are: - controversial solutions of the current Serbian law on the acquisition of property by finding hidden treasure (a critical review of the existing doctrinal positions, with the formulation of one's own proposal to fill the existing legal gap); - assessment of the regulation of acquisition of property by finding someone else's lost thing (which the author assesses needs to be changed, as being outdated a long time ago); and - analysis of the legal solution on acquisition of property by occupation of nobody's belongings in Serbian positive law. After reviewing the current regulations of these three institutes, the author critically examines and evaluates the solutions contained in the proposals for future Serbian civil law, namely: Draft Code of Property and Other Real Rights of Serbia from 2011 and Draft Civil Code of Serbia. Along with formulating the legal term of these three categories of things, the author also: - comments on these three authentic ways of acquiring property, giving his own interpretation of disputed issues and conceiving his own proposals de lege ferenda; - evaluates (with explanation) the solutions of the two prepared draft proposals as significant progress in relation to Serbian positive law, and finally - evaluates the compliance of the domestic regulation with the so-called EU soft law (DCFR).