FOUNDATIONS IN THE GENERAL PROPERTY CODE FOR MONTENEGRO

Abstract

In the history of Montenegro foundations have a special place. In the history of law, norms which regulate the foundations may, without exaggeration, be called pearls of inestimable value. What is said above is especially true for the regulations of the General Property Code for Montenegro, written by Valtazar Bogišić. Section XI of the fifth part of the General Property Code for Montenegro Valtazar Bogišić dedicated to foundations. In only twelve articles Bogišić managed to sublimate all that is necessary for full, clear and unambiguous regulation of the foundations, starting with conceptual definitions, conditions and ways of establishing, through the rules of internal organization and working methods, to the conditions for a possible reorganization and termination of the foundation. Namely, Valtazar Bogišić has inscribed in the General Property Code the model which is based on the principle of autonomy of the will, voluntarism, durability, utility, social importance and publicity. In this article the author analyzed the provisions of the General Property Code, which regulates foundations. It was pointed out to their contents, but also the impact that carried out the foundation of the modern model.