Маргиналије уз радни текст Грађанског законика Републике Србије
Marginal Notes on the Preliminary Draft of the Civil Code of the Republic of Serbia

Author(s): Gordana Stanković
Subject(s): Civil Law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Codification;Codification of civil law;Process norm;
Summary/Abstract: Legislative work on the preparation of the Civil Legal Code of the Re¬public of Serbia, which started in December 2006, brings into discussion a question whether the future codex should possibly include norms which belong to the domain of civil procedure. From the view of legal systematic, the answer to this question is simple since civil law and civil process law are two separate branches of law belonging to different parts and fields of the legal system. Regardless of clear division which exists from the view of systematics of legal order be¬tween the civil material and civil process law, it is possible for the norms regulating civil-legal relations to be found in the process law, as well as the process norms to be found in the law arranging certain field of the civil law for various legislative or legal-political reasons. In the work, the author critically analyzes normative solutions from the existing laws regulating the civil law material and in the future codification of civil law, and which for various reasons include process regulations or by its own regulations non-critically directly go into the field of process law and cause unwanted and unexpected implications in the process area and points to the use of inadequate terminology of the civil procedure in certain legal texts. The author considers that during the future codification of civil law on one hand efforts should be put into the editors correctly completing their task and while editing material-legal norms they should take care of process implications of certain material-legal solutions, avoid the unnecessary going into the sphere of civil procedure, correctly legal-technically edit the material legal norms and while doing this take care of use of correct legal- technical terms from the sphere of civil procedure. On the other hand, efforts should be made for all the process rules to be standardized and included into the basic law regulating a corresponding field of the civil court procedure and in this way make conditions for the future codification of civil process law.

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