Civil Laws at Serbia

11 Apr 2025 --
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Serbia’s civil laws are based on a continental European (civil law) legal tradition, heavily influenced by German, Austrian, and Roman law principles. The primary framework for civil law in Serbia is found in its Civil Code (Zakon o obligacionim odnosima) and other specific statutes. Here's a basic overview:

⚖️ Key Areas of Civil Law in Serbia

1. Contract Law (Obligaciono pravo)

Regulated by: Law on Obligations (Zakon o obligacionim odnosima)

Covers contracts, obligations, liabilities, damages, and more.

Enforces the freedom of contract principle—parties can freely determine the terms of their agreement, as long as it doesn't contradict public policy or mandatory laws.

2. Property Law (Svojinsko pravo)

Covers ownership, possession, and use of property (both movable and immovable).

Important laws include:

Law on Property and Other Real Rights

Law on Planning and Construction

Real estate must be registered in the Real Estate Cadastre (Katastar).

3. Family Law (Porodično pravo)

Regulated by: Family Law Act (Porodični zakon)

Covers marriage, divorce, parental rights, child custody, adoption, alimony, etc.

Recognizes both civil and religious marriages, but only civil marriage has legal effect.

4. Inheritance Law (Nasledno pravo)

Determines how property is passed after death.

Based on legal succession (by law) and testamentary succession (by will).

Close relatives have strong inheritance rights under law.

5. Tort Law (Deliktna odgovornost)

Part of the Law on Obligations.

Covers compensation for harm/damages caused by another person or entity.

Requires proving fault, damage, and causal connection.

6. Civil Procedure Law

Regulated by: Civil Procedure Code (Zakon o parničnom postupku)

Governs the process of civil litigation.

Emphasizes fairness, due process, and judicial efficiency.

🏛️ Judicial System in Civil Matters

Civil cases are handled by Basic Courts (Osnovni sudovi).

Appeals go to Higher Courts (Viši sudovi), and further to Appellate Courts and finally the Supreme Court of Cassation (Vrhovni kasacioni sud).

Constitutional rights and violations may be addressed by the Constitutional Court of Serbia.