Legal Precedent Concerning Rights of Founders of Private Medical Institutions

The Commercial Court of Appeal in Belgrade, in the procedure conducted regarding the right to information and access to acts and documents of a private medical institution between its founders, accepted the argumentation of the Milosevic Law Firm team which represented a minority founder in the realization and protection of rights of a founder of a medical institution. The Court passed the decision no. Pvž-135/21 whereby it took the position that the Serbian Company Law applies accordingly to the rights of founders of a private medical institution in terms of their right to information and access to relevant acts and documents.

Thus, the court filled the legislation gap that existed in terms of rights and protection of rights of founders in private medical institutions, bearing in mind that these rights are not regulated by the Law on Healthcare Protection, which primarily regulates private medical institutions. This decision of the Commercial Court of Appeal represents a legal precedent and is of special importance for future court practice if we keep in mind that the number of private medical institutions operating on the territory of the Republic of Serbia has been on the rise, that discord among the founders is a frequent occurrence, and that this is a way to protect minority founders against the willfulness of majority founders.

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