ДА ЛИ ВЛАСНИК ОБЈЕКТА (РАДЊЕ) МОЖЕ ИЗ СВОЈИХ ПРОСТОРИЈА УДАЉИТИ НЕЖЕЉЕНЕ КУПЦЕ?
Is a shop owner allowed to expel unwanted customers from his/her premises?

Summary/Abstract: The aim of this paper is to try to correct the opinion present in the business practice of larger stores according to which the owners and users of business premises cannot expel unwanted customers / consumers from the facility. This question is currently relevant because of customers who refuse to wear protective face masks in supermarkets, pharmacies, and other stores. First, the paper demonstrates the importance of the concept of property as recognized in Serbian law, and afterwards the presentation is supplemented by comparative legal insights into foreign doctrine (the so-called privates Hausrecht of German law). The scope and limitations of the right to manage a facility, as a property right, and the issue of execution, i.e. factual protection of that right will be discussed. There are concerns that the lack of reaction of the responsible person in the store to non-compliance with epidemiological regulations could be the basis for material responsibility of the store owner and that person, but also a set of facts that increase the risk of exposure to criminal prosecution.

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