Анали Правног факултета у Београду

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АНАЛИ ПРАВНОГ ФАКУЛТЕТА

Considering that the new socio-economic relationships are in question, the new forms of the organizational structure of working organizations are imperative. The legislator tried to give, together with other novelties offered in the field of economic law in general, the solutions in this respect. The provisions of the Law Amending and Complementing the Basic Law on Enterprises of 1968, provide the possibility for a part of an enterprise to enjoy the status of a legal person, if it meets the general conditions envisaged by the cited law, and in particular those envisaged by the bye-law of the concerned enterprise. This solution has given rise to disagreements between the theoreticians in the first place. But this solution should be accepted as progressive, for the following reasons: firstly, decentralization of incomes to working units (parts of an enterprise) is effected; secondly, legal independence of the parts of enterprise offers better chances for the materialization of different formes of integration in economy based on economic interests of the concerned units; thirdly, a preliminary conforming of the degree of centralization of production resources with the degree of the production concentration is achieved, providing in this way a faster pooling of the resources on the ground of self-management agrément of immediated producers, and finally the principles of remuneration according to output and the principles of the self-manegcment system are more thoroughly applied. It should be, finally, stressed that for the sake of providing a uniform legal system the basis for a part of an enterprise for obtaining the legal status (personality) should be the law and not the bye-law of the enterprise.