МОГУЋНОСТ ДЕОБЕ НАШЕГ ПРАВА НА ЈАВНО И ПРИВАТНО ПРАВО
THE POSSIBILITY OF DIVISION OF YUGOSLAV LAW INTO PUBLIC LAW AND PRIVATE LAW

Summary/Abstract: Generally speaking, the author thinks that this possibility, in the past and today, depends on the existence of the money-commodity economy in society: in this proportion there exists private law as well, while opposite it, there is public law. This thesis he substantiates by the analysis of the past and present situation. Starting from this main assumption, the author stands on the point of view that Yugoslav law could be divided into public law and private law. This because the money-commodity economy is the basic type of economy in society. Consequently, there exist legal norms which could be divided into public law and private law in the formal-legal sense as well as In respect of their substance. But, such a division of Yugoslav law, in the present social circumstances, does not have the character of a basic division, due to the following reasons: firstly, the money-commodity economy iis not functioning for the most part according to the laws characteristic of it, but is deformed by various measures, measures of public law among them; secondly, the labour force has lost the character of a commodity, so that a wide area of law has lost the characteristics of an area which is a part of private law; thirdly, self-government in general and the self-management regulation of life and work in the sphere of economy and other areas of life are the main features of Yugoslav society diminishing all other social phenomena to secondary significance, including the possibility of division of law into public law and private law; fourthly, the principle of solidarity, which iis immanent to many areas of our life and in the economy as well, has degraded the functioning of the laws of the money-commodity economy, and therefore the division of law into public law and private law. Finally, the author states that the main divison of Yugoslav socialist law into legal branches is the division into state Jaw and self-management autonomous law, that is, the division according to those creating legal norms.

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