We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
NAČELO UPISA I STJECANJE PRAVA VLASNIŠTVA NA NEKRETNINAMA PREMA NOVOM ZEMLJIŠNOKNJIŽNOM I STVARNOM PRAVU U BiH.
- Authors
Povlakić, Meliha
- Abstract
In BiH three systems of rights in rem exist, which currently differ in the fundamental question of rights in rem, namely the mode of acquiring property rights on immovables. Traditionally, the registration in the land register is the mode of acquisition (modus acquirendi) in the process of acquiring immovable property on the basis of a legal transaction. The Entities' Laws on Land Registries introduced hereby novelties, as they stipulated the registration as the legal mode of acquisition for all other titles of acquisition except for inheritance. Thus, a difference as to the provisions of substantive rights in rem was established in the Entities, as well as to the solutions of the Brcko District BiH. The laws of Brcko District BiH, which govern property rights and other rights in rem, are in accordance with the provisions on land registries and generally follow the legal tradition in terms of derivative acquisition of property rights over immovables; the fact that acquisition by means of adverse possession or building on third-party land is no longer provided for, represents a novelty. In terms of the principle of registration, the reform of rights in rem in the Republic Srpska represents a return to old solutions. This paper analized the mentioned differences, raising criticism and assessing that legal certainty is endangered by the fact, that provisions differ in fundamental issues regarding acquisition of rights in rem on immovables even within the Entity. The effect of the principle of registration was primarily analized in the context of acquisition based on a legal transaction, adverse possession and building on third-party land. The paper also examined other problematic issues (acquisition during conjugal union, acquisition in enforcement proceedings etc), with the aim to offer an acceptable interpretation for legal practitioners, who are confronted with a situation of immense inconsistency of legal provisions.
- Subjects
BRCKO (Bosnia &; Herzegovina); REPUBLIKA Srpska (Bosnia &; Herzegovina); BOSNIA &; Herzegovina; REAL property; PROPERTY rights; LAND title registration &; transfer; ACQUISITION of property; ADVERSE possession; LEVERAGED leases; REAL estate lawyers
- Publication
Godišnjak Pravnog Fakulteta u Sarajevu, 2010, Vol 53, p321
- ISSN
0581-7471
- Publication type
Article