RESTITUTION OF PROPERTY IN SERBIA TO CITIZENS OF THE FORMER SFRY REPUBLICS

Abstract

In the 1990s, the Socialist Federal Republic of Yugoslavia (SFRY) was broken up into constituent republics. After gaining independence, all the newly formed states, with the exception of Bosnia and Herzegovina, initiated procedures for the return of seized property and compensation to the former owners, or their legal heirs. Slovenia was the first to begin the comprehensive restitution process, followed by Croatia, North Macedonia, Montenegro and Serbia. If we exclude Bosnia and Herzegovina which still has not passed a law on restitution, Serbia was the last to start solving this extremely sensitive issue. The return of seized property in the Republic of Serbia to applicants who are foreign citizens is regulated in such a way that the right to return is held by natural persons – foreign citizens; in case of their death or declaration of death, the right passes on to their legal heirs, under the condition of reciprocity. It is assumed that there is reciprocity with the country that did not regulate the restitution of property if a domestic citizen can acquire property rights and inherit immovable property in that country. This paper presents and analyses data on the current course of returning seized property and compensation to citizens of the former SFRY republics.