Pravo (Feb 2008)
NEW CONSTITUTION OF REPUBLIC OF SERBIA AND THE RIGHTS ON COMMON PARTS IN SOCIAL TENANT PROPERTY
Abstract
In the article the author claims that the existing judical practice, since adopting the Constitution of the Republic of Serbia in 2006, was based on the legal provisions with regards to disposing of collective property, according to which the majority of owners of the common parts of social tenant premises could dispose the common parts fully even in the case of disagreement of the minority owners. This practice has become incompatible with the cited new constitutional provisions on human rights protection, including the right to own property. Further, the author offers critical comments with regards to the judgments of the Federal Constitutional Court, Constitutional Court of the Republic of Serbia and High Court of Serbia, that underpin the above mentioned practices. Considering that human rights and basic freedoms are exercised under the Article 18 of the new Constitution, the author argues in favour of ceasing those judical practices immediately and annulling the questionable legal provisions mentioned in the article.
