НАЛАЗ СКРИВЕНОГ БЛАГА
FINDING TREASURE TROVE

Summary/Abstract: Finding treasure trove means the acquisition of the right of ownership in movable property according to law (the right of ownership is not derived from the right of predecessor). Treasure trove is defined as a valuable movable property, hidden in an immovable property for so long that its true owner can not be find out, and which formerly belonged to someone. Finding treasure trove principle is not regulated by the positive law, and the Draft Law on ownership and other real rights of the Republic of Serbia (2007) defines finding treasure trove in its articles 184−188. In this paper, the author deals with the notion of treasure trove, rights and obligations of its finder and the acquisition of the right of ownership in treasure trove. Through comparative analysis, he considers provisions of the European civil codification related to finding treasure trove principle. He gives a critical review of the actual state of Serbian legislation (the Instruction on how to deal with found objects prescribed by the Government of the Federal People’s Republic of Yugoslavia in 1949 is still in force and similarly applied to finding treasure trove), provisions of the Draft Law on ownership and other real rights related to finding treasure trove, and, de lege ferenda, he claims for adoption of different legal definitions of this principle.

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