FROM OBSHCHINA TO PARTNERSHIP

Dormiunt aliquando leges, numquam moriuntur

Abstract

A Partnership Agreement hasn't been regulated yet in the Code of Obligations of the Republic of Serbia, nor of the Republic of Srpska. The decisions of the judicial practice are based on the provisions of the Civil Code for the Kingdom of Serbia, and they use them as legal rules. In the Pre-Draft of the new Civil Code of the Republic of Serbia this Agreement is regulated by the provisions of Articles 835-869. In this document, through a historical overview of the Partnership Agreement, with particular reference to its regulation in the Zakonopravilo (Nomokanon) of St. Sava, the author points out to the need to restore the original title of this Agreement. In its Code of Obligations, truly in the brackets, Macedonia also put the original title for this Partnership Agreement, calling it a договор за заједница. Returning to the resources can lead to better and more applicable regulations in court practice. And the other two great writers, Mihailo Konstantinović in the Drawings for the Code of Obligations and Contracts and Valtazar Bogišić in the General Property Law for Principality Montenegro, gave up from the name of the Partnership (Ortakluk) as the primary one. In terms of the form of this Agreement, the ZOO of Macedonia prescribes a written form, and the author criticizes that, starting from the general principle of the obligation right that