Dužnost poštovanja zabrane konkurencije

Abstract

In the dusk of the SFRY, a new fiduciary duty, the duty not to compete has set foot into the Yugoslav legislation. The development of the institute has gone in the opposite direction from what the professional public expected and as time passed became even more restrictive. Having noticed the room for improvement of this institute, the author looks at how this institute developed in the territory of the former SFRY. In addition, he is seeking inspiration for new solutions in the Austrian, German and French law. Also, he looks at the Directive 86/653/EEC and the state of legislation in the Anglo-American world, which is bustling with changes and proposals in this area this year. The author reviews the basic terms used by this institute, but his research focuses mostly on reviewing: the content of the ban, the range of persons it covers and the length of its duration. Besides, author takes into account its overlaps and potential conflict with the Constitution of the Republic of Serbia and the labour law legislation. Finally, having seen the historical and comparative development of this institute he suggests a detailed and multi-step program of reform for this institute.