AKTUELNI PRAVNI OKVIR GRADSKOG GRAĐEVINSKOG ZEMLJIŠTA U DOMAĆEM PRAVU
THE CURRENT LEGAL FRAMEWORK OF THE MUNICIPAL BUILDING LAND IN DOMESTIC LAW

Summary/Abstract: This work tries to explain the legal framework of the municipal building land in domestic law. Before the passing of the new entity building land laws in 2003, municipal building land in our country could exclusively be state or public property, without the possibility to become or to revert to private property. Aforementioned entity building land laws have partially transformed the right of use of building land into the right of ownership, while in the entity of Republika Srpska the new Building Land Act in 2006 made a step further in this direction by allowing restitution of the nationalized building land to previous owners, abolishing right of use and specifying procedure for the entry of ownership right in land registers after transformation. The basic intention of the transitional provisions of Property Rights Act of Federation of Bosnia and Herzegovina entity and Property Rights Act of Republika Srpska entity is to create a transitional civil law regime for the period of transformation from socialist legal system into modern European continental civil law system. Both of the property rights acts contain different transitional provisions regarding the building land, depending on that if it is land built on or land not built on. At the end of this work author has given commentary on the draft of new Building Land Act of Federation of Bosnia and Herzegovina entity.

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