Sticanje prava vlasništva na nekretninama
Acquisition of Ownership to the Real Estate

Summary/Abstract: The change in the political and economic system in Bosnia and Herzegovina has inevitably influenced the creation of a new legal framework governing property and other real rights with the full promotion of democracy and human rights. The new legal framework opened a number of issues related to the acquisition, use, disposal, protection and termination of property rights and other real rights, and emphasized the importance of harmonizing land registry records with the real legal status of real estate. Of particular importance is the moment of acquiring real rights and, in this respect, the relationship between the rights acquired by ex lege or the decision of a court or other competent authority and rights recorded in public registers. The paper analyzes legal solutions that determine the way of obtaining rights to real estate and concreto, and present actual problems from practice and relevant court decision. In order to gain ownership of real estate, public registers play a key role, and to the question whether the registration of rights in the land registry of the modus of acquiring ownership rights or only one of the elements that serve the legal certainty of third parties will be provided below.

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