РАЗЛИКОВАЊЕ ЈАВНОГ И ПРИВАТНОГ ПРАВА
THE DISTINCTION BETWEEN PUBLIC LAW AND PRIVATE LAW

Summary/Abstract: This work deals with the state of legal thought in respect of the question: what distinguishes public law from private law. The author firstly reports on as yet established reviews of the theories in connection with this question so far (I). The author’s reviews of theories dealing with the distinction between public and private law (under II) is more complete in volume in respect of the number of theories discussed than any other review so far, analysing forty different schools of thought, during the nineteenth and twentieth centuries in Austria, France, Germany, Switzerland, England, USA, USSR and Yugoslavia. The author also deals with the critical works and the defence of each theory. He concludes (under III) that critical works on the theories are more successful than their defence, and that the distinctions among the theories are much bigger than it is evident in consideration of the large number of theories, for even the advocates of the same theory have diverse opinions on a number of questions, which are closely related to the question of the distinction between public and private law; the author indicates these questions.

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