УТИЦАЈ ПРЕСТАНКА РАДНОГ ОДНОСА НА КОРИШЋЕЊЕ СТАНА
This essay deals with situations which may occur in regard to socially owned apartments given to the worker to occupy (use), when employment has ceased by the worker's own notice of termination, or when employment has been terminated on the basis of disciplinary measures taken against him due to severe violation of his working duties. Attention has more notably been devoted to the situation of the worker, on the basis of the act by which he has been given the apartment to occupy (use) in accordance with the general self-management acts of the working organisation, entering into a contract of occupation of the apartment and acquiring occupation rights, or only being in the possession of an effective act giving him, an apartment to occupy (use) without entering into a contract of occupation of the apartment up to the moment of termination of his employment, for there was no actual possibility of moving in. Only the first situation has been regulated by law, while the second has been left out. The author is of the opinion that by the rules of analogy the legal provisions regulating the first situation should also be applied to the second, for both situations have the same ratio legis at their root which should be protected, with the understanding that he act by which the apartment has been given to the worker for occupation has also determined the right of the worker to the occupation of that apartment.
More...