LEGAL PROTECTION OF THE WEAKER SIDE IN PRIVATE LAW OF THE REPUBLIC OF SERBIA
LEGAL PROTECTION OF THE WEAKER SIDE IN PRIVATE LAW OF THE REPUBLIC OF SERBIA

Summary/Abstract: Serbia belongs to the group of countries which have had a long and rich tradition of the weaker side protection, which has been influenced by different circumstances. Serbs, like many other Slavic peoples, had lived for a long time in large family communities, characterized by developed collective spirit, sense of unity and a high degree of mutual solidarity. Due to historical circumstances, such a model of social organization had been preserved until enactment of the Serbian Civil Code in 1844. After that, under the influence of economic liberalism, individualistic conception of law was strengthened for decades. In the second half of the 20th century, a special legal system was shaped during the period of the Socialist Federative Republic of Yugoslavia, whose creators strived to find a balance between individualism and collectivism in private law and, at the same time, between the (liberal) market model of economy and state interventionism in that sphere. From the Yugoslav Federation, Serbia has inhereted a modern legislation, which is even today more advanced in some segments than the normative solutions in many more developed European countries. That is particularly true for the Obligations Act of 1978. Its provisions enabled the court to recognize and take into account specific position of the weaker side and to protect its interests in an adequate manner, sometimes steping away from the general legal regime established by law (correctrix legis). There is a common opinion that debtors were overprotected under the previous system, while today’s legal regulation favors creditors, especially buisness banks. New methods of securing claims, such as registered pledge, have been introduced and the existing legal institutes in that area have been substantially transformed. That is particalarly true for mortgage. In this context, the paper provides an overview of legal provisions related to the protection of the weaker side, including those which are envisaged in the Constitution and in a number of different legislative acts. Special attention is given to the current trends in the region and to the global perspective in that field.

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