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Collected Papers of the Faculty of Law, University of Novi Sad

2019, vol. LIII, No. 4, pp. 1287–1301

Language of the paper: Serbian

Original scientific paper

udk: 347.27(49.11)

doi: 10.5937/zrpfns53-23746

Author:

 

Aleksandra Pavićević, Ph. D., Assistant

University of Kragujevac

Faculty of Law Kragujevac

apavicevic@jura.kg.ac.rs

Abstract:

By using comparative and axiological method, the author considers the following issues: the purposefulness of right of retaining possession; definition and legal nature; optimal conditions for its establishment in contemporary domestic and comparative law; its contents and effect. The subject of this paper is analysis of regulation of right of retention possession in Serbian positive law; two Drafts of the future Serbian Civil Law; as well as the retention model-rule of the 2008 Draft Common Frame of Reference (DCFR). The author estimates that right of retaining possession should exist in Serbia’s future civil law, because it has a triple justification. The paper contains explained proposal for the future regulation of retention as a quasi real right in rem and assessment of its compliance with EU ACQUIS. The author concludes that the direction of the further evolution of retention in European law is common, and that is – recognition of the broader content and stronger effect of the institute, in order to protect the interests of the retinent more effectively.

Keywords:

security right in rem; right of retaining and settlement; private action.