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- Title
BARTJA E PRONËSISË DERIVATIVE NËPËRMES KONTRATËS SË DHURIMIT.
- Authors
ASANI, Zineta; KADRI-SHAHINOVIQ, Arlinda
- Abstract
Derivative acquisition of ownership but also of other property rights means the acquired right that derives from an ancestor, from an entity that before us was the holder of that right which with legal work passes to the new owner. The transfer of ownership from the old holder to the new holder is done through the legal circulation of real rights, which circulation is enabled by valid legal works such as: contract of sale, donation, exchange and loans. The transfer of ownership can also be done through a will. These legal works or legal foundations are important as without their presence the ownership cannot be considered transferred to the new holders. In the context of legal works for the transfer of ownership at the center of this work is placed the donation contract which is analyzed in detail with reference to the provisions and provisions of the Law on Obligations in the Republic of North Macedonia. The donation contract is encountered in the earliest stages of state organization and is one of the oldest contracts with legal roots in Roman law. In terms of the strengthening of private property, with the advent of capitalism, the donation contract also entered new stages of evolution. This contract became one of the most important means of civil circulation and the acquisition of property. The donation contract, traditionally regulated by our legislation, mainly according to the LMD is aimed at mutual assistance of people, an action driven by the spirit of kindness and generosity. This contract aims at the transfer to ownership without compensation of a movable or immovable property or a real right. Referring to the importance of this contract as a legal basis for the transfer of derivative ownership, this paper aims to reveal the characteristics and features of this contract, the elements, conditions of its conclusion, its termination or revocation and the manner of transfer of ownership in the private-legal circulation and the problems that the contracting subjects face during the implementation of this contract.
- Subjects
MACEDONIA; PROPERTY rights; ROMAN law; ACQUISITION of property; REAL property; OBLIGATIONS (Law); CONTRACT employment
- Publication
Vizione, 2021, Issue 36, p105
- ISSN
1409-8962
- Publication type
Article