Priznanje prava svojine na objektima rehabilitacionih centara u banjama i klimatskim mestima Srbije sudskim putem

Abstract

The paper analyzes the problem of determining the title holder of property rights over specialized hospitals and rehabilitation centers in the spa and climatic sites of Serbia. These healthcare institutions were built mostly in the 1970s and 1980s, by means of contributions for compulsory pension and disability insurance. They were socially owned until 1996, when they were renamed state property. In accordance with the 2001 Law on Privatization, twelve of them were declared 'privatization entities' in 2008. However, the process of their privatization is still in the phase of analysis and preparation because the Pension and Disability Insurance Fund of the Republic of Serbia (PIO Fund) has initiated litigation to prove that the State is not their owner and therefore cannot privatize them. The paper starts from the hypothesis that different views about the title holder of the property rights over the spa rehabilitation centers are due to the specificity of the social-property powers that existed at the time of the construction of these centers, as well as due to the ambiguities of relevant economic-system regulations concerning the transformation of the social property, and then the state property into private property during the decades of economic transition. The aim of the paper is to highlight the significance of the source of investment financing as a criterion based on which the right of ownership of the PIO Fund over the facilities of spa rehabilitation centers is being established by the court today.