Abstract
The year 2024 will be remembered for one jubilee. 180 years ago, on March 25, 1844 (according to the old calendar), a code was passed that will be remembered as the most significant code from this area in the field of civil law - the Serbian Civil Code (Civil Code for the Principality of Serbia). Much has been written about its importance and influence on civil law institutes. A large number of these institutes were introduced with this code for the first time and began to be applied in the territory of today's Central Serbia, given that the Austrian Civil Code (ACC) from year 1811 was applied in the territory of Vojvodina, which was then part of the Austro-Hungarian Monarchy. AGZ was also a role model for Jovan Hadžić during the writing of the Serbian Civil Code, but also the starting point for the reception of legal institutes of Roman law. The eternally disputed institution of the possession is regulated by this code in chapter II of section II entitled "On real rights" and has been causing conflicting views and opinions for many decades. From terminological disputes, whether it is "hold" or "possession", through an insufficiently precise definition of "as a factual authority over things recognized by law," all the way to the possession as an institution that is not a law, but can become a law, the possession is the goal of research in this paper. Using the historical, analytical and comparative method, the authors will try to explain the chronology of the adoption of the Serbian Civil Code and comparatively show the institution of the possession, pointing out its importance then and now, 180 years after its introduction into the legal system of Serbia.
Published Version
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