A legal status of former owners in the restitution process in Serbia

Abstract

Restitution or return of a confiscated property to the former owners can only be considered as a part of the complete reform process. In this regard, it has two major segments: the first refers to the elimination of previously committed injustice and the second one concerns the contribution to the overall changes in the property relations in order to initiate the increase of the economic efficiency. The process of the restitution in Serbia began to develop significantly after the privatization process had started. This unjustified discrepancy greatly affected the legal solutions, as well as the process of their implementation. The analysis of regulations and the practice arisen from them indicate the evident contradictions, inconsistencies and legal gaps in the normative work, which inevitably contributed to the different positions of the subjects in the process of restitution, which, in some cases, has had the elements of discrimination. So far there have been no announcements regarding the comprehensive, substantive changes within the legislation. This study aims to highlight the unsustainability of the current situation as well as the necessity to proceed with amending the existing laws in the restitution process.