ΠŸΡ€Π°Π²Π½ΠΈ полоТај Π·Π°Π΄ΡƒΠΆΠ±ΠΈΠ½Π° Ρƒ српском ΠΏΡ€Π°Π²Ρƒ Ρƒ Свропском ΠΏΡ€Π°Π²Π½ΠΎΠΌ контСксту - PhDData

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ΠŸΡ€Π°Π²Π½ΠΈ полоТај Π·Π°Π΄ΡƒΠΆΠ±ΠΈΠ½Π° Ρƒ српском ΠΏΡ€Π°Π²Ρƒ Ρƒ Свропском ΠΏΡ€Π°Π²Π½ΠΎΠΌ контСксту

The thesis was published by Veselinov Jelena, in September 2023, University of Novi Sad.

Abstract:

Throughout history, the legal position of endowments in Serbia has been influenced by social and political circumstances. Endowments’ features have significantly changed from the first regulations governing this subject matter to the present day. The endowments’ legal regulation is very complex because this organization inevitably bears distinct characteristics of national culture and traditions, which impact solutions within the national legal system. Additional due attention must be paid when adopting legislative acts on endowments during socio-political changes because their typical features and distinctiveness within one legal system must not be compromised. Their legal nature imposes this obligation to the legislature since at the core of an endowment’s purpose is the founder’s noble act of donating the property to further the public interest.Endowments’ unique legal nature stems from the characteristics of elements defining their legal capacity. It is crucial to understand endowments’ legal nature to correctly define the limits of their legal capacity and integrate them into a legal system. Insufficient theoretical knowledge and a limited understanding of endowments’ legal nature can lead to paradoxical solutions and inadequate approaches when enacting endowment regulations.Β Β Β Β  After years of marginalization, endowments have become a highly topical issue with the reaffirmation of private property and transition processes. Privatization and restitution brought about the transformation of property relations and raised important questions regarding endowments. These two processes have greatly influenced the legal position of endowments in Serbia. However, the position of legal entities entitled to property restitution under these two laws differs significantly. The property was returned to church endowments under the Law on Property Restitution to Churches and Religious Communities. In contrast, other secular endowments were entitled to participate in the restitution procedure under the Law on Property Restitution and Compensation. However, their property has not been restored even ten years after the beginning of these procedures. The restitution of the property to all the endowments is a prerequisite for determining their legal position in our law and proper regulation.Β Β Β Β  In order to meet the political and economic goals aimed at establishing a single market without barriers to the flow of people, services and capital, the European Union has tried to find a unique model for solving problems in cross-border endowment activity, reflected, above all, in the economic aspects and administrative difficulties caused by differences in national regulations. Given the different legal positions and roles of endowments in different member states, finding solutions to the problems was not easy. The objectives of endowments often entail an abstract public interest prescribed by national laws following different traditions in each country. Efforts to resolve this issue by creating a new form of European foundation that would function according to the rules of communitarian law have not borne fruit.Β Β Β Β  A new approach in the standardization of endowments in Serbia is the result of new social and political circumstances, which entail following trends in the regulation of endowments in Europe and the world. Several solutions, influenced by the European tendency to find a uniform regulation but not adapted to our legal tradition, have been indiscriminately incorporated into the Endowments and Foundations Act which is currently in force. On the other hand, other solutions have been unduly removed or with poor argumentation. The traditional endowment is legally founded and justified, which does not mean it should stay trapped in history and cannot or should not adapt to social changes. Nevertheless, this adjustment must be developmental, not radical. When regulating this matter, ignoring modern legal trends is equally disastrous for the survival of endowments, as is the rejection of its legal nature and foundation in our legal tradition.Β Β Β Β  Reviewing legal regulations in this matter is critical to preserve the authentic concept of endowments in Serbian law when searching for new solutions in accordance with the process of private law development in the non-profit sector. Designing a modern concept of endowments in Serbia requires completing the restitution procedure, reviewing the regulations that determine the legal position of endowments in our country and determining the directions of further development based on rich national legal heritage while respecting European tendencies.



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