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• Editorial Board 2021

CONTENT

• Editorial Board 2021

THE WORK OF ŽIVOJIN PERIĆ ON THE CODIFICATION OF THE CIVIL CODE OF INTERWAR YUGOSLAVIAŽivojin Perić’s work on codifying the civil code was analyzed through four questions. 1) Participation in the work of the body for drafting the Civil Code and its work on the text of the Code. 2) Perić’s opinion on the codification method that was applied. 3) Perić’s opinion on the legal terminology in the 1934 Draft Civil Code for the Kingdom of Yugoslavia. 4) Perić wrote the explanation (motives) 1–319. paragraph of the Draft Civil Code, which was officially published by the Ministry of Justice in 1939.

• Zoran Mirković [ University of Belgrade, Faculty of Law, Serbia ]

ON THE PATH OF NORMALIZATION YUGOSLAV-SOVIET TRADE NEGOTIATIONS IN 1940Based on available published and unpublished archival sources of Yugoslav and Soviet origin, as well as relevant historiographical and memoir literature, the paper analyzes the historical circumstances and motives that led to the opening of Yugoslav–Soviet trade negotiations in early May 1940. The course of the talks in Moscow, the character of the concluded agreement, and the scope of mutual trade relations until the outbreak of the Second World War in Yugoslavia, in April 1941, are highlighted. The reactions of the interested great powers—particularly Germany, Italy and Great Britain to the Yugoslav–Soviet economic and political rapprochement are also presented. The paper contains the author’s assessment of the importance of economic negotiations as an introduction to the complete normalization of Yugoslav–Soviet relations.

• Aleksandar Životić [ University of Belgrade Faculty of Philosophy, Serbia ]

CONCORDAT NEGOTIATIONS BETWEEN THE KINGDOM OF THE SERBS, CROATS AND SLOVENES AND THE HOLY SEE IN 1925.The Kingdom of SCS and the Holy See established diplomatic relations in March 1920. The Holy See accepted the new country with hostility and hesitation. The nuncio monitored not only the state’s religious policy but also the political atmosphere. He wanted to achieve unity among Roman Catholics in the civil and political spheres. The authorities of the Kingdom of SCS emphasized the need to maintain religious unity as the primary motivation in preparation for the concordat negotiations. Meanwhile, the Roman Catholic Church hierarchy dissatisfied with the state’s religious legislation asked the Holy See not to sign a concordat until their conditions were met. Much of the controversy during the talks concerned government ownership of church land, the establishment of religious orders, and the appointment of bishops. The negotiations were postponed with the intention of being continued. The 1925 talks did not achieve the goal but helped to define certain issues.

• Radmila Radić [ The Institute for Recent History of Serbia, Serbia ]

LEMŠAT OF SERBIAN MEDIEVAL LAWThe topic of this article is the contract of lemšat (Lehenschaft) in Serbian medieval mining law. The author discusses the details of this legal and social institution in medieval Serbia by answering the following two questions: What was the scale of transplantation of Saxon law, i.e., how original were the Serbian rules? Who were the lenhavars – the contractors in a special type of lemšat? The results of the investigation show that Serbian lemšat was a contract of the temporary lease of a share in a mining partnership and that the lenhavars were qualified miners, whose employment was occasionally necessary. The results also show that Serbian medieval mining law contained numerous original legal solutions. The applied methods are linguistic, systemic and historical interpretation of the Mining Code of Despot Stefan, as well as the comparative method.

• Andreja Katančević [ University of Belgrade Faculty of Law, Serbia ]

ECONOMIC OUTCOMES OF THE SPANISH FLU (1918–1920): A SKETCH OF THE ECONOMIC HISTORIOGRAPHY OF A PANDEMICThe aim of the paper is to explore the economic outcomeс of the Spanish flu pandemic and to systemise the insights in such a way that they can be used for shedding light on the economic outcomes of COVID-19 pandemic. It was demonstrated that in the short run the impact of the Spanish flu was a significant one-off drop of the output due to the significant decrease in labour supply augmented by the decrease in aggregate demand. In the long run the Spanish flu decreased the level of available human capital in two ways: directly due to the excess mortality, and indirectly due to the intergenerational transfer of lower human capital and the health of mothers during pregnancy. The decrease in human capital generated adverse consequences on economic growth and these consequences increase with technological progress, which demands a higher level of human capital.

• Boris Begović [ University of Belgrade Faculty of Law, Serbia ]

RESTITUTION FOR IMPROVEMENTS ON LAND OF ANOTHER AFTER TERMINATION OF SALES, LEASE OR CONSTRUCTION CONTRACTRules on restitution for improvements made to someone else’s property can be found in various branches of Slovenian private law, such as the law of unjustified enrichment, negotiorum gestio, contract law and property law. Even though to some extent these rules deal with very similar situations, they differ in various aspects. While some of them are more favourable to the creditors in getting as much of their investment back as possible, others are more inclined toward protecting the debtor against forced financing of another’s economic decisions. This paper discusses some open dilemmas concerning restitution of improvements made to someone else’s property in Slovenian contract law. More precisely, it deals with restitutionary consequences of failed sales, lease and construction contracts and approaches this topic from a comparative perspective.

• Karmen Lutman [ University of Ljubljana Faculty of Law, Slovenia ]

LEGALITY OF THE CURRENCY CLAUSE AFTER ENTRY INTO FORCE OF THE LAW ON CONVERSIONThis paper deals with legality of the currency clause in light of the Law on Conversion of Housing Loans Indexed in Swiss Francs. The first part analyses characteristics of the currency clause, in order to explain effects of its possible illegality on validity of the loan agreement. The author emphasizes inconsistency in the way Serbian courts approach this issue and suggests arguments for treating the loan agreement as being only partially invalid. The second part presents different opinions regarding legality of the Swiss francs currency clause, which is generally treated as an invalid contract term in judicial practice. Thereafter, solutions to the problem of Swiss francs in the Law are examined. It is concluded that conversion is not possible if the original loan agreement was invalid due to an illegal currency clause. Consequently, illegality of the currency clause remains open after entry into force of the said Law

• Mirjana Radović [ University of Belgrade Faculty of Law, Serbia ]

LEGAL CONSEQUENCES OF THE CAREGIVER’S DEATH IN A LIFE CARE CONTRACTSerbian Succession Act provides that the position of a caregiver in a life care contract may be inherited only by their descendants and spouse. If other persons succeed the caregiver, or if descendants or spouse refuse to provide care, the contract is rescinded by operation of law. The right to compensation for received care is provided only if descendants or spouse have a justified reason for refusing to provide care. This article contains a critical analysis of this solution. The author shows that the restriction of heritability is too narrow, that the issue of compensation is inadequately resolved, and that the interests of care recipient are endangered because they cannot influence the fate of the contract. The author proposes a solution of unlimited heritability with the right of both parties to rescind the contract. The reasons for rescission would be taken into account when the issue of compensation is decided

• Miloš Vukotić [ University of Belgrade Faculty of Law, Serbia ]

ADMINISTRATIVE LAW CHALLENGES OF POST-CLEARANCE AUDIT IN SERBIA Most imported/exported goods are not controlled by customs authorities at the border. This allows for the fast release of goods and the better functioning of international trade. The backbone of this system consists of customs declarations filed by the importers/exporters, selective control at the border, based on risk assessment, and the post-clearance audit (PCA) of the accepted customs declarations. This pape r deals with the questionable practice of the Serbian Customs Administration with regard to the conducting of the PCA, particularly its relation with the Law on General Administrative Procedure and the issues related to the classification of goods according to customs tariff. The author identifies issues regarding the transparency, interpretation and implementation of the PCA in Serbia and contests the (internationally recognized) practice of changing the classification of goods in accepted customs declarations. The author proposes possible solutions for identified

• Vuk Cucić [ University of Belgrade Faculty of Law, Serbia ]

Begović, Boris, Zoran Mirković. 2020. Sto godina od ujedinjenja – formiranje države i prava. Belgrade: Faculty of Law University of Belgrade, 485.

• Dragoljub Popović [ Attorney-at-Law, Former judge of the ECHR, Serbia ]

Popović, Dejan. 2020. Unifikacija poreskog prava u prvoj jugoslovenskoj državi. Beograd: Pravni fakultet Univerziteta u Beogradu, 279

• Boško Mijatović [ Center for Liberal-Democratic Studies (CLDS), Belgrade, Serbia ]

Anđelković, Maja, Tihon Rakićević (ur.). 2020. Evergetidski tipik. Manastir Studenica.

• Velibor Dzomić [ Institute for Comparative Law, Serbia ]

Fielding, Steven, Bill Schwartz, Richard Toye. 2020. The Churchill Myths. Oxford: Oxford University Press, 208.

• Boris Begović [ University of Belgrade Faculty of Law, Serbia ]

Jevremović Petrović, Tatjana. 2019. Modeli osnivačkih akata. Beograd: Pravni fakultet Univerziteta u Beogradu, 303.

• Milena Mitrović [ Institute of International Politics and Economy, Serbia ]

PAVLE NIKOLIĆ (1928–2020)

• Zoran Tomić [ University of Belgrade Faculty of Law, Serbia ]

STEVAN ĐORĐEVIĆ (1927–2019)

• Jovica Trkulja [ University of Belgrade Faculty of Law, Serbia ]

Decision on the Retraction of the Article

• Editorial Board