ИСТОРИЈA ПООШТРАВАЊА ЗАКОНСКЕ ФОРМЕ УГОВОРА О ОТУЂЕЊУ НЕПОКРЕТНОСТИ У СРПСКОМ ПРАВУ
THE PROCESS OF TIGHTENING THE RULES ON FORM OF CONTRACTS FOR CONVEYANCE OF REAL ESTATE IN SERBIAN LAW

Summary/Abstract: The subject of this paper is continuous process of tightening of the statutory rules on form of contracts for conveyance of real estate in Serbian law, the reasons behind it, and the most recent legal changes which made the statutory form stricter than ever. In the beginning, the requirements of form were imposed circuitously, by means of procedural rules on proof. Further tightening was effectuated directly, via the rules of substantive contract law. Statutory form of contracts for transfer of real property predominantly serves to protect public interests, i.e. to reduce the number of disputes about the existence and content of these contracts; to ensure the existence of a diligently and professionally recorded and authenticated public instrument with full probative force; to assure that the third parties with legitimate interests may learn about these contracts as matters of fact; to ensure that the State has full information on transfer of real rights in immovable property – for fiscal reasons, and in order to maintain reliability of the public records. The process of constant tightening of the rules on legal form of contracts for conveyance of real estate indicates that Serbian society is in continual search for effective instruments to achieve these goals.

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