НЕСАГЛАСНОСТИ УСТАВНИХ ОДРЕДБИ O НОРМАТИВНОЈ НАДЛЕЖНОСТИ ЗА РЕГУЛИСАЊЕ ОБЛИГАЦИОНИХ ОДНОСА
NONACCORDANCE OF CONSTITUTIONAL PROVISIONS REGARDING NORMATIVE COMPETENCE FOR THE REGULATION OF CIVIL-OBLIGATIONS RELATIONS

Summary/Abstract: In the Yugoslav, as well as in other federation, there exist three kinds of legal matters, in regard to the subject of normative functions: the one in exclusive competence of the federation, the one in the exclusive competence of the federal units and the one whose regulation is part competence of the federation, and part of the federal unit. This „divided” competence for the differentiation of competence of the federation and the federal units usually uses standards or so-called „rubber-norms”. As in other cases of standards, there are no previous, generally accepted criteria for the establishment of thier content. The same terms, moreover, do not have to have the same meaning! for every legal matter. To the question of distribution of competence between the federation and federal unit only real needs of life, needs of legal regulation, can give satisfactory answers. The civil-obligation relation in Yugoslavia fall within the „divided” competence. According to the Constitution, the Federation regulates „the basis of civil-obligation relations (general civil-obligation) and other civil- -obligation relations in the flow of goods and services". Nevertheless, there is no accord on what „general civil-obligations” refers to. Does it contian all sources of civil-obligations? There is. no accord on the meaning of the notion „flow of goods and services”. The solutions contained by the constitutions of the republices and provinces differ, and are even contradictional, at least in the editing of the solution to this problem. The author propoises that this question be solved on the federal level, so that the competence ot the republics and provinces be determined bv the Federal Constitution. This principle is contained in the Constitution of Montenegro, and provides that the republic regulates the relations which are not regulated by federal laws.

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