LEGISLATIVE FRAMEWORK OF COMPENSATION FOR
RIGHT TO BUILD – REFLECTION ON INVESTMENT
PROJECTS Cover Image

PRAVNI OKVIR O NAKNADI KOD PRAVA GRAĐENJA – REFLEKSIJE NA INVESTICIONE PROJEKTE
LEGISLATIVE FRAMEWORK OF COMPENSATION FOR RIGHT TO BUILD – REFLECTION ON INVESTMENT PROJECTS

Author(s): Albin Muslić, Alisa Imamović
Subject(s): Law, Constitution, Jurisprudence
Published by: Pravni fakultet Univerziteta u Tuzli
Keywords: Right to build; compensation; investments;

Summary/Abstract: The Law on Real Rights, in the frame of legal inovations is regulated by new instutute the Right to build. As an institute it was introduced in legal order with a basic intention on the way of implementation the greater level of cooperation between different legal entities. Unfortunately since 2014 until today it has been shown that Right to build, as a new institute of Real Rights, still has not achieved expected role. The present work aims to analize causes of that condition, with an intention how to improve implementation of Right to build in legal order in Bosnia and Herzegovina. Among everyting else, the practice has shown that the obligatory compensation in the case where the property owner legal subject of public law, is one of the main reasons why the Right to build is not implemented enough in Bosnia and Herzegovina. Our future goals are to detect the causes, and propose precise solution in order to increase implementation of this very important legal institute of Real rights.

  • Issue Year: 10/2024
  • Issue No: 1
  • Page Range: 8-28
  • Page Count: 21
  • Language: Bosnian
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