The historical development of corporate- and property law in Macedonia until Communism as part of the Kingdom of Serbs, Croats and Slovenes

• Author: Endri Papajorgji
• Position: Dean of the law faculty of TBU (Tirana Business University)
• Pages: 43-47

ISSN 2410-3918 Academic Journal of Business, Administration, Law and Social Sciences Vol 1 No 2

Acces online at www.iipccl.org IIPCCL Publishing, Tirana-Albania July 2015

43

e historical development of corporate- and property law in Macedonia

until Communism as part of the Kingdom of Serbs, Croats and Slovenes

Prof. assoc. Dr. PhD (Uni Graz) Mag. Iur (Uni Graz) Endri PAPAJORGJI

Dean of the law faculty of TBU (Tirana Business University)

Abstract

Macedonia is a candidate state for EU Membership. During Communism, Macedonia followed

the communist pattern (as a consequence of the system of selfadministration of workers as part of

the Yugoslav Federation) and the transition process in the beginning of the 90’s was followed by a

fundamental change not only in the whole economic system but in the whole society. But before

the transition, with the coming of Communism, Macedonia as part of the Yugoslav Federation

followed the Soviet pattern from 1945-1951 with: nationalization of major enterprises, state

direction of investment and production through a series of Five-Year Plans, emphasis on heavy

industry and collectivization of agriculture. Aer 1951, Macedonia followed its own system with

the selfadministration of workers a mix of central planning- and free market economy until 1990.

e problem with transition in Macedonia aer 1990 was closely connec ted with the extent and form

of implementation of economic reforms and especially privatization, because some enterprises had

at least to be transformed, others restructured and others had to be completely liquidated. Another

problem with transition was closely connected with two questions: the question of economics and

the question of politics. In fact, it can be argued that what has happened in Albania and Macedonia,

but also in all post-communist B alkan states and the new countries that have emerged since 1989,

is historically unique (Papajorgji 2013). But before the transition, and Communism, lie some

very important questions which will be analyzed in this paper: What tradition and family law

followed Macedonia before Communism? How did t his tradition of l aw especially in the eld of

corporate and property law aect the new democratic legal system of Macedonia? ese are t he

main objectives of this article.

Keywords: Macedonia, corporate law, property law, history, EU.

Introduction

e territory of today’s Republic of Macedonia, also known as (“Former Yugoslav Republic

of Macedonia”), was part of the First Bulgarian Empire from the seventh century. Aer

the Battle of Kosovo, Macedonia became part of the Ottoman Empire from 1389 to 1913

(Razumovsky, 1991, 35).

During the disintegration of the Ottoman Empire and the emergence of the Balkan

independent nations, Macedonia was the classic example of the ghts for National identity.

On the territory of Macedonia, Bulgaria, Serbia and Greece raised ethnic and historical

claims during the early 19-th century (Hösch, 2008, 180). e classic concept of state,

which was developed by Jellinek, according to which a State consists of people, a territory

and sovereignty (Maier,2001, 29), was missing from the population of the territory of the