Agreement on Succession Issues - Protection of Private Property / Sporazum o pitanjima sukcesije – zaštita privatne svojine

Abstract

After the breakup of Yugoslavia, many problems between the former republics, which among other things concerning the private property of natural and legal persons, are not yet resolved. In this regard, the question arises, how the state will guarantee the protection of private property. All former Yugoslav republics signed the Agreement on Succession Issues June 29, 2001, which stipulates that all newly independent states in the former Yugoslavia are the successor states. The agreement contains seven annexes and three appendices. The Agreement regulates the distribution of movable and immovable federal property, status of assets outside the territory of the successor states of the former Yugoslavia, finance, archives, etc. The paper specifically analyzes the Annex G which refers to the issue of private property. In Annex G is defined that the private property of the natural and legal persons will be protected by the successor states. All rights concerning to the private property, if possible, will be returned in its original condition by the successor state, irrespective of nationality, domicile or head office of the said persons. This paper also discusses the respect of vested rights, the contents of the private property rights, the necessity of the conclusion of specific bilateral agreements between the former Yugoslav republics, as well as a dual process of resolving the above issues.