THE ROLE OF SERVITUDES IN CONTEMPORARY PROPERTY LAW RELATIONS
THE ROLE OF SERVITUDES IN CONTEMPORARY PROPERTY LAW RELATIONS

Summary/Abstract: The aim of the paper is to analyze the evolution of servitudes in modern property law relations. Subject to comparison are the changes that servitudes as real rights have undergone in continental European legal systems resulting from the overall change in how property relations are conducted nowadays. Main focus of the paper is the need and possibilities for modernization of Macedonian property law with respect to regulation of servitudes both predial and personal. The need for changes in the regulation of servitudes, as the paper will demonstrate, is driven by external and internal factors. External factor being the strong resolve for harmonization of Macedonian property law with EU regulation and the internal factor being the novelties that special law has brought on that directly influence the use of real estate and enjoyment of real rights over real estate. Considering all factors (external and internal) the paper investigates and pinpoints the legal gaps in regulating servitudes in the basic property law – the Law on Ownership and Other Real Rights that need to be addressed in the upcoming amendments of the Law, all for the purpose of harmonizing and modernizing its regulation on servitudes.

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