Expropriation as a legal institute

[М. Prica]

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public-legal domain

To define the term “expropriation” as a legal institute is not an easy task at all, bearing in mind that a legal way to carry out expropriation is both narrower and wider than expropriation in a material sense. On one hand, the legal regime of expropriation represents a method of establishing not only expropriation in a material sense, but also some individual legal institutes that are different from expropriation in a material sense. It means that besides expropriation in a material sense, there is also expropriation in a formal sense. On the other hand, expropriation in a material sense exceeds the framework of expropriation in a formal sense, either as a part of legislative legal regulation of legal relationships in relation to ownership, or as a part of legal regulation of individual legal cases in proceedings before courts-of-law and other bodies. Bearing this in mind, our doctoral dissertation represents a result of our endeavours to consider the topic as an issue of theoretical and practical jurisprudence in order to adduce to the scientific public the conception of the legal institute of expropriation - as a whole that has arisen from the synthesis of formerly defined terms and forms of expropriation in a positive direction. Expropriation as a legal institute is a conceptual building constructed from expropriation in a formal sense, expropriation in a material sense, and quasi-expropriation. Our opinion is that there is differentia specifica that separates expropriation in a material sense from other legal institutes related to expropriation in a formal sense and from quasi-expropriation and other individual acts of seizure of privately owned property - and this represents the possibility of deexpropriation. Besides determining the legal and scientific term “expropriation”, its legal basis and the legal character of elements of its legal regime, the forms of expropriation and quasi-expropriation in comparative law and in Serbian law are presented in this paper, as well as historical types of expropriation. Furthermore, in this dissertation, the understanding of the terms “legal system” and “legal institute” is presented; then the standpoint on public and private laws and civic, administrative, political, and judicial matters; as well as the understanding of legal principles as an expression of legal teleology in the substance of expropriation.

pravni institut, eksproprijacija u materijalnom smislu, eksproprijacija u formalnom smislu, kvazieksproprijacija, deeksproprijacija, faktička eksproprijacija

Legal Institute, expropriation in a material sense, expropriation in a formal sense, quasi-expropriation deexpropriation

347.234(043.3)

351.712.5(043.3)

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