Civil Law in Serbia

Civil Law in Serbia

Updated on Friday 27th January 2023

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A-Short-Guide-on-Serbian-Courts.jpgThe Civil Law in Serbia was adopted in 1844 and it represents the 4th important civil code in Europe after the ones adopted by the Netherlands, Austria, and France. This set of laws contains the general principles governing all the civil matters, proceedings, and trials which involve the Serbian citizens and their rights. We invite you to talk to our lawyers in Serbia and solicit legal counseling in all matters related to the Serbian Civil Law, including for marriage, divorce, testaments or child custody matters.

The content of the Serbian Civil Law

The Law of Persons, the Commercial Law, and the Property Law are the three major components of the Civil Law in Serbia which set out the general rules and rights for citizens in Serbia. In other words, this represents the legal system in Serbia divided into chapters, parts and sections covering all civil matters.

The Law of Persons

The Law of Persons defines the rights of each citizen in Serbia and the ways in which they are protected. The Family Law is of high importance and it offers the legislative framework regarding the marriage, the divorce and the family matters which are protected in Serbia. The same set of law provides the general rules regarding property rights, the definition of contracts, the ways in which the disputes can be solved, plus the cases in which compensations are mandatory. According to the Serbian Civil Law, citizens can file lawsuits and can solicit compensations for the suffered damages.
Do you want to apply for citizenship in Serbia? You can get in touch with our Serbian lawyers and discover all the legal aspects related to the procedures involved. We mention that the whole process can take around 3 months, but only if the required documents are in compliance. You should also know that Serbia accepts dual citizenship, but for all the details, contact our law firm in Serbia with confidence.

What is the Tort Law in Serbia?

The Tort Law is part of the Civil Law in Serbia and it concerns the civil wrongdoing and the personal injury. In other words, the cases in which injury and/or property damage are involved will be settled in the court of law where the victims or complainants can solicit compensations. Intentional tort, negligence, and strict liability are three categories of torts comprised by the Civil Law.

The Family Law in Serbia

The Family Law is an important chapter of the Civil Law in Serbia because it comprises family matters like marriage, divorce, child custody, annulment, testaments, prenuptial arrangements, child support, child adoption, the right to create a family. In the case of marriage dissolution, child custody and/or property division, the Family Court is the institution in charge with such cases. A marriage in Serbia takes place if the partners are at least 18 years of age. As for the divorce procedure in Serbia, this can be settled by mutual agreement between the two spouses, if they accept the terms and conditions regarding the personal belongings and also childcare. However, a divorce in Serbia will take place in the presence of a lawyer who can provide the necessary legal support in such case. We remind that our Serbian attorneys specialized in divorce matters are at your service with comprehensive legal advice.
In matters of child custody in Serbia, this is offered to the parent who lives with the child and supports financial matters. However, it is good to know that child support concerns both parents, regardless of their financial status.

What you need to know about the Property Law in Serbia

The personal and real estate property are covered by the Property Law in Serbia, part of the Civil Code. This set of law covers the following matters:
  • copyrights, patents, jewelry, stocks, lands, and buildings are among the properties a person can have in Serbia;
  • it is forbidden to trespass a property or use it without consent, regardless of the type of possessions; 
  • all tangible or intangible properties or belongings are private and cannot be used or sold without consent;
  • in the case of real estate properties, a contract must provide information about the owners.
Feel free to talk to our team of attorneys in Serbia and find out more about the Civil Law and its applicability in Serbia.

Short history of the Civil Law in Serbia

Dusan’s Code represents the first set of laws in Serbia which was promulgated in 1349. It also represents the first constitution of the country involving all aspects of life in Serbia. Even though the Civil Code in Serbia respects the international regulations, the influences and the roots of today’s set of laws are represented by Dusan’s Code, an important Serbian emperor who marked the country’s early history. The Byzantine influences are also part of the Serbian Civil Law, a comprehensive legal system that covers all civil aspects.
We invite you to get in touch with our law firm in Serbia and solicit complete information about the Civil Law in Serbia and its broad applicability. We remind that we are at your disposal with wide-ranging legal support in matters of marriage, divorce, child custody and many more.