THE INSTITUTE OF PROPERTY IN CIVIL LAW – THEORETICAL AND PRACTICAL ASPECTS
THE INSTITUTE OF PROPERTY IN CIVIL LAW – THEORETICAL AND PRACTICAL ASPECTS

Summary/Abstract: The article analyzes the notion, function and characteristics of property as one of the most undefined categories of civil law, namely of the private law in general. In an effort of shedding light on the institute of property, the article follows the path of the historical development of this institute, starting from Roman law until the contemporary law. Since the institute of property and the institute of ownership in theory and in legislation are often used as synonyms, this fact can cause difficulties in applying legal norms that refer to the notion of property, respectively, ownership. Thus the article will clarify the relationship between these two significant institutes. It will also analyze the functions that the institute of property has in the legal relations within various comparative legal systems, always following the transformation of the notion of property depending on the function that it realizes. Furthermore, the article will analyze the importance of property within the framework of private law, the relationship between property and property law, as well as between the notion of property law in an objective sense and property rights in a subjective sense.

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