DOCTORAL DISSERTATION DEFENSE (January, 2017) & PROMOTION OF THE DOCTORS OF SCIENCE (September, 2018)
At the Faculty of Law, University of Novi Sad, in the Courtroom of that Faculty, on 25 January 2017, was held a public defense of the doctoral thesis titled “LEASE CONTRACT OF COMMERCIAL BUILDINGS AND PREMISES” candidate Jovana Pušac.
Commission for the Defence of the doctoral thesis consisted of Danica Popov, PhD Full Professor at the Faculty of Law in Novi Sad (Chairman), Marko Djurdjević, PhD Associate Professor at the Faculty of Law in Belgrade (member), Atila Dudaš, PhD Associate Professor at the Faculty of Law in Novi Sad (member) and Bojan Pajtić, PhD Associate Professor at the Faculty of Law in Novi Sad (member and mentor).
Defence of the doctoral thesis, Attorney at Law Jovana Pušac acquired scientific title – Doctor of Juridicial Sciences.
The doctoral dissertation is written on 320 pages with 1435 references, including more than 300 bibliographic references relating to the unit. In addition, collected and analyzed a considerable number of domestic and foreign court decisions concerning the issues of lease of office buildings and premises which are given specific guidelines for further development of the rule of law in this area.
Legal regulation of the lease of office buildings has been assessed of primarily from the perspective of positive legal system of the Republic of Srpska and Serbia, but, almost equally, in the context of other national legislations (all the states of the former Yugoslavia, the Russian Federation, Switzerland, Austria, Germany, France and Italy, the UK and the USA). Based on the comprehensive comparative analysis was made critical review of the valid normative solutions in the Republic of Srpska and Serbia with proposals for their development de lege ferenda.
Conducted research it was concluded that the lease of office buildings devoted insufficient attention to legal doctrine and legislation of the Republic of Srpska and Serbia, bearing in mind the importance of the subject of this Contract for develop the economic sector of this country. First, the fact is that in our legal doctrine there is no systematic scientific work devoted to this topic. The issue of leasing business premises fragments have dealt numerous domestic excellent writers in the field of contract law, but miss scientific work in which the consideration of this contract synthetically presented with respect to its specific characteristics and special social significance. On the other hand, the fact that the existing legal solutions in this area are not the happiest. Regarding the legal system of the Republic of Srpska, there is still in force a Law Act on the Lease of Commercial Buildings and Premises from the period of the former Socialist Republic of Bosnia and Herzegovina from 1977 with the latest amendments adopted more than twenty years, and it is primarily necessary to pass a new, modern conceptualized law act. The normative corpus is not appropriate even when it comes to the Republic of Serbia, where the implementation of the Law on Obligations to this special type of lease appears as inadequate for several reasons. First, the Law on Obligations regulates leasing institute common rules for movable and immovable property which complicates the application of the regulatory rental of business premises, and then leaves incomplete series of questions specific to this area. Therefore, the existing legal gaps are filled interpretations offered by jurisprudence. These facts are especially alarming when one considers that all the countries of the former Yugoslavia, except Macedonia, regulate this area any in a special law act, any in a specific legal provisions of the Law on Obligations.
Considering that the legal systems and the Republic of Srpska and Serbia belong to the family modernly designed legal orders, the conclusion is that, de lege ferenda, it is necessary to listen needs and tendencies of development of market economy and in this direction to create new, ie. modernize existing rules of the lease of office buildings, and modeled on the normative solutions of neighboring countries, as well as certain high quality solutions the Russian Civil Code. From the legislative aspect, it can mean either passing a new law act which will regulate this institute modeled on the Croatian solution, but can also mean adn incorporating special rules on this type of lease in the existing Law on Obligations of the Republic of Srpska, ie. Republic of Serbia, based on the model of Montenegro. Whatever the ultimate choice of legislative policy will be done, it should be noted that the provisions of the lease agreement have a place in the corps obligating norms. That, after all, respectively evidenced by the modern civil codification in which the lease is always regularized as the obligation, not property institute.
On 14 September 2018 was held the promotion of the Doctors of Science from two faculties of the University of Novi Sad – the Faculty of Law and the Faculty of Economics at the amphitheater of the Rectorate of the University.
List of promoted doctors of science, September 14, 2018
Among the promoted doctors of science was and the lawyer Dr. Jovana Pušac, who was presented by the mentor Bojan Pajtić, PhD Associate Professor,
And then promoted by Dušan Nikolić, PhD Full Professor and Rector of the University of Novi Sad.
Among Doctors of Law was promoted and Tamara Gajinov, PhD Assistant Professor who defended her doctoral dissertation titled “Civil Law Responsibility for Imissions” in 2015 under the mentorship of Dušan Nikolić, PhD Full Professor.
