Eksproprijacija u ranijem i važećem pravu Republike Srbije
Expropriation In The Former And Current Law Of The Republic Of Serbia

Summary/Abstract: In this paper, the author provides a chronological overview of legal texts and judicial practice concerning the institute of expropriation, starting from the first regulations in the 1866 until the present day. Over time, the institute has sustained numerous changes in its legal regulation as well as in the legal and theoretical understanding of its substance, content and prominent features. Considering that expropriation implies a limitation to the right of ownership imposed in the public interest, in different historical periods this institute was adapted to the regime and ideology of the time, which implies that it had a slightly different character and purpose than it has today. The analysis of case law on this matter reinforces the author’s views on the issues concerning the abuse of power, the violation of legal certainty, the violation of basic human rights and constitutional guarantees.

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