Historical Aspects of the Non translative Effect of Real Estate Contracts in Serbia: From the Serbian Civil Code to Current Legislation

Abstract

This paper explores the evolution of property rights and land registry systems in Serbia, spanning from the adoption of the Serbian Civil Code in 1844 to the dawn of the 21st century. In its early stages, three distinct systems coexisted: land registers, property deed systems, and property cadastres, with the first two serving as the primary legal records. Following the introduction of the 1844 Serbian Civil Code, which was based on the Austrian model, the land register system was established, though its implementation proved challenging. The onset of the socialist regime in 1946 ushered in a shift towards state ownership of property, with confiscation and nationalization becoming widespread practices that fundamentally altered property rights and registry procedures. However, despite these changes, private ownership persisted, albeit in limited forms. A landmark in this progression came with the 1981 Real Estate Transactions Act, which allowed the sale of privately-owned immovable property, though subject to certain restrictions. After the fall of socialism, efforts to unify and modernize property records reached a significant milestone with the establishment of the Republic Geodetic Institute in 1992. Subsequent legal reforms, including the Real Estate Transactions Act of 2014 and the 2018 Act on the Procedure of Registration in the Cadastre of Immovable Property and Utilities, reinforced the legal frameworks governing property registration and the transfer of ownership, aiming to ensure transparency and legal certainty in property transactions. This historical account delves into the interplay between legal reforms, societal changes, and property rights in Serbia over the past two centuries.