Winner prescription as a way of gaining the right of real servitude according to the legislation in Kosovo with a comparative view with some European countries
Winner prescription as a way of gaining the right of real servitude according to the legislation in Kosovo with a comparative view with some European countries

Author(s): Kastriote Vlahna, Hajredin Kuci
Subject(s): Civil Law, Comparative Law
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: winning prescription; real servitude; creation; profit; European legislation;
Summary/Abstract: The winning prescription, both in the right of ownership and in the right of servitude has a special importance, because it is a legal title which is created by the possession of the thing in an uninterrupted manner, for a long time and without hindered by anyone. This means that the property right, respectively the right of ownership or even the right of servitude can be created if the conditions provided for the winning prescription are met. We know that all property rights must be registered in case we want to become the holder of any property right. As in this case, the right of servitude in case it is thought to be acquired even with a winning prescription it must be registered in the real estate books. For this reason, we can say that the winning prescription has a great importance in both the acquisition of the right of ownership and the right of real servitude, because a large number of subjects of law have only the de facto power over the thing yes. Thus, he possesses this right in good faith. It happens to him that people possess someone else's thing thinking that he only had a right over that thing but the truth is that he had no legal right, so he did not have it registered in the public books to use it right. According to the legislation in Kosovo, the right of real servitude is not foreseen whether it can be acquired by winning prescription, but based on the legislations of other countries, whether regional or beyond, it is said that the right of real servitude can be created and through the winning prescription. Particularly based on some legislations of European countries, the right of servitude can be acquired through winning prescription, if the conditions of winning prescription are met. The purpose of this paper is to compare the legislation of European countries and as a conclusion to conclude that in the legislation of Kosovo should be determined that the right of real servitude is acquired by winning prescription.

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