THE INFLUENCE OF THE REGULATIONS OF SELF-MANAGEMENT LAW ON THE REGULATIONS OF THE LAW OF OBLIGATIONS Cover Image

УТИЦАЈ ПРАВИЛА САМОУПРАВНОГ ПРАВА НА ПРАВИЛА ОБЛИГАЦИОНОГ ПРАВА
THE INFLUENCE OF THE REGULATIONS OF SELF-MANAGEMENT LAW ON THE REGULATIONS OF THE LAW OF OBLIGATIONS

Author(s): Ljubiša Milošević
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Правни факултет Универзитета у Београду

Summary/Abstract: Today, the Yugoslav society has reached the stage of development of socialist self-management. That means that it has also developed new norms, known under the general term — self-management general acts (regulations). Today, there is in Yugoslavia talk about the evolution of a new branch of law — self-management law. The norms of the self-management law regulate and determine the position of the workers and employees in the Yugoslav society. In the essay, attention is devoted lo the question of influence of the regulations of self-management law on the regulations of the law of obligations. That influence is particularly marked in the situation when a basic or other organization of associated labour, respectively, or other social legal persons are involved in an obligations relationship. The regulations of self-management law have not only direct but also indirect influence on the regulations of the law of obligations. The direct influence of the regulations of the self-management law on the regulations of the law of obligations is evident in the basic principles of the Yugoslav law of obligations pertaining to social legal persons, also in some of the principles pertaining to all participants in the obligations relationships. The indirect influence of the regulations of self-management law is evident in a number of the principles of the law of obligations originating in the far past; only today, these principles have been given new meaning, or substance. The regulations of self-management law alter or supplement certain regulations concerning contractual obligations. The regulations concerning non-contractual obligations of protection of human life have been expanded. Their influence is also reflected in the regulations on liability for damage caused by a worker or employee in connection with the work of a third person. Finally, the classical regulations of the law of obligations on acquisition without authority are expanded under the influence of the regulations of the self-management law to embody the unauthorised acquisition of socially-owned means of production. In conclusion, the author states that in the Yugoslav society obligations relations cannot be entered into if they are not in accordance with self-management relations, and that the influence of the regulations of self-management law on the regulations of the law of obligations is very significant.

  • Issue Year: 31/1983
  • Issue No: 1-4
  • Page Range: 516-533
  • Page Count: 18
  • Language: Serbian