RAZVOJ INSTITUTA PRAVA GRAĐENJA SA OSVRTOM NA NJEGOVO UVOĐENJE U PRAVNI SISTEM BOSNE I HERCEGOVINE
THE DEVELOPMENT OF THE RIGHT TO BUILD WITH AN OVERVIEW OF ITS INTRODUCTION INTO THE LEGAL SYSTEM OF BOSNIA AND HERZEGOVINA

Summary/Abstract: This work endeavors to present the historical development of the contemporary institute of right to build with an overview of its introduction into the legal system of Bosnia and Herzegovina. The right to build has its roots in the Roman Law, i.e. in the institute known as superficies, which was at first obligation-law relation of long term lease, but which with time developed into real right on someone else's property. Furthermore, this work gives an overview of the superficies of Pandect law. Today in Europe we can differentiate between the Germanic system of the right to build, which is made od German hereditary right to build and Austrian right to build, and the Roman system, which is present in the countries of Roman tradition (France and Italy). In the legal systems of Roman tradition the role of separating the building from the land belongs to the superficies law, and in the Germanic legal system this role belongs to the right to build. Therefore, this work gives an overview of the institute of right to build and the superficies law in this countries. Finally, in this work is given an overview of the introduction of the right to build into the legal system of Bosnia and Herzegovina.

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