The contents of the general part of the Serbian civil code

In this paper, the author deals with the legal systematics of the Serbian Civil Code, focusing in particular on its General Part. The author indicates numerous problems and difficulties in the legal regulation of the extremely complex subject matter of civil law. One of these intricacies refers to the General Part, as a constituent part of the Civil Code. Speaking in simplified terms, the European-continental codifications are based on two systems for the classification of the civil law subject matter. One of the classification systems includes three elements: personae, res and actiones; this structural pattern has been applied in framing the French Civil Code and other codes designed on the French model. The second structural pattern comprises five elements, including the General Part and specific areas of law (Real Property Law, Law of Obligations, Succession Law and Family Law). Considering the fact that the Republic of Serbia is still in the process of adopting its Civil Code, the author examines the need for the General Part by analyzing the concepts and institutes which would be common and functional in all parts of the Civil Code. Given the limited volume of this article, the author has chosen to examine only some legal institutes (such as: legal subjects, the statement of will, legal transactions, and invalidity of legal transactions) as possible contents of the General Part of the Civil Code.