THE INFLUENCE OF ROMAN LAW AND THE HISTORICAL DEVELOPMENT OF THE RIGHT OF OWNERSHIP IN THE BALKAN COUNTRIES, WITH SPECIFIC REFERENCE TO THE REPUBLIC OF MACEDONIA
THE INFLUENCE OF ROMAN LAW AND THE HISTORICAL DEVELOPMENT OF THE RIGHT OF OWNERSHIP IN THE BALKAN COUNTRIES, WITH SPECIFIC REFERENCE TO THE REPUBLIC OF MACEDONIA

Summary/Abstract: Roman history offers opportunities to monitor development and change of a society, change of law, and the right of ownership. Ownership represents a change in the relationship between people, where the interests of legal entities are intertwined. It is an old legal institution, which emerged with the emergence of law. Property rights of the Romans were gradually evolving, but it is characteristic that different types of property, namely movable and immovable items, did not have an equal developmental path. The Romans were the first who had the legal institute of possession, for which they developed two concepts: dominium and proprietas. From the beginning of Rome until the Law of the Twelve Tablets, there was the process of transforming collective property into the family ownership, and then into private ownership. Yet, the concept of the right of ownership was not regulated in the Law of the Twelve Tablets, and it took many centuries to develop the ideas and unclear notions conceived therein, and ultimately create the right of ownership institute. However, we must emphasize the importance of this institute for the Romans, as it was the first time that private property was recognized, which excluded societal and family property. In the legal system of the Republic of Macedonia, the right of ownership is regulated in several legal document: the Constitution of the Republic of Macedonia, the Act on Property and Other Real Property Rights (lex generalis), and other laws which regulate specific issues related to the right to property. Although it is not explicitly stated, it may be concluded from the text of the Constitution that private ownership isa dominant type of ownership in the Republic of Macedonia, but it also envisages public and state ownership.

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