Самоуправството като способ за (не)решаване на имуществени спорове
Arbitrariness as a means for (not) solving a property dispute

Summary/Abstract: The object of study is arbitrariness according to art. 323 of the CriminalCode. Consistently the historic development, actus reus, mens rea and criminalpenalties are analyzed. When differences in case law and theory are established,an opinion is reasonably defended. Differentiation between arbitrariness and similarcrimes is also examined. As a result, considering the de lege ferenda proposal, anargument can be made, that by deciding the criminal case, the court also decidesthe property dispute.

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