Zaštita državine kroz samopomoć - granice dopuštenosti

Abstract

Possession, as a factual authority or a condition, draws attention through the necessity of its protection. Despite the fact that the possession is not a right by itself, there is a right to protect possession. The core of the paper consists of an analysis of the existing (domestic) judicial practice and the inconsistency in assessing the fulfilment of conditions for the permissibility of self-help. In the same section, contemporary problems in the application of this legal institute would be presented through an analysis of cases of overstepping the boundaries of self-help and transition into the sphere of self-authority. Special attention will be paid to the question which has arisen in the recent past in Serbia – whether self-help can be exercised preventively and what are its limits? It is emphasized that when assessing the justification of self-help, all the circumstances of the case should be taken into account, where, in addition to the manner and intensity, the circumstances under which the person resorted to self-help should be determined. In the conclusion of the paper, the idea of self-help as an extra-judicial means of protection is justified by the very practical reasons of reducing the workload of the courts and the tendency to reduce the number of possession proceedings and subsequent problems in the implementation of court decisions.