Calculation of the period of usucaption according to the real law in Bosnia and Herzegovina and the Republic of Croatia a comporative analysis
Calculation of the period of usucaption according to the real law in Bosnia and Herzegovina and the Republic of Croatia a comporative analysis

Summary/Abstract: Unlike the previous real right, the new entity laws on real rights provide for the possibility of including the period of tenure in circumstances when earlier and later tenants have different qualities of possession. Such a legal solution is not acceptable from the viewpoint of general legal rules that classify residency into regular and irregular. In order to create a better legal solution, and to prevent the possible occurrence of different legal understandings and uneven practices in the application of law, the paper detects legal shortcomings, and presents proposals de lege ferenda. When it comes to acquiring the right of ownership of immovable property on the basis of tenure, these proposals are essential due to the current process of reform of land registry law and the much-needed security in legal real estate transactions.

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