The challenges of European law reception: The example of Serbian corporate law

• Main Author: Mijatović Marija D.
• Format: Article
• Language: English
• Published: Institute of Comparative Law, Belgrade 2019-01-01
• Series: Strani pravni život
• Subjects: law reception; harmonization of law; corporate law; law on business organizations; societas europas; european economic interest grouping
• Online Access: https://scindeks-clanci.ceon.rs/data/pdf/0039-2138/2019/0039-21381901091M.pdf

In this paper the author examines the consequences of the law reception process on Serbian corporate law. Cases of law reception are not rarely recorded occurrence in domestic legislative activity. Reasons for that are multiple, and they are also becoming more and more justified if one has in mind the need for fast harmonization of Serbian law with that of European Union. Still, this process of taking over law forms and istitutes does not represent the ideal solution. Moreover, in the case of corporate law the existence of disbalance between received rules that are included in regulation and the reality of its (non)appliance is obvious. Such results of law reception impose the following question upon law science: how to overcome ambiguity of its effects. In the light of significant changes brought by the 2018 amendments of Law on Business Organizations - such as incorporating new legal forms of Societas Europas or European Economic Interest Grouping - it remains to be seen what will be the future answer to challenges of new law institutes integration into the national law system.