Правни режим на објекту у изградњи у праву Републике Српске
Legal Status on the Building Under Construction in the Law of the Republic of Srpska

Author(s): Bosiljka Čubrilović
Subject(s): Law, Constitution, Jurisprudence
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Real estate; Mortgage; Building under construction; Apartment ownership; Protection of property; The right to a home
Summary/Abstract: In the real estate market in the Republic of Srpska, buildings under construction as objects of full or partial rights of disposal of property are fairly commonplace. As the focus here is on the so-called future thing, many practical questions are raised to which neither jurisprudence, nor legislation, nor judicature offered adequate answers. One especially interesting question refers to the possibility of constituting a mortgage on a building under construction. Namely, in the case of a building under construction, the subject of the mortgage is the land registry body as a whole, and following the principle of the extensiveness of the mortgage, it includes land and everything on the land (built on land). This especially refers to a separate part of the building (apartment ownership) as a mortgage object, considering that the division can be done only after the construction of the object and after use permit has been obtained. Until then, formally and legally it is not possible to dispose of (transfer of property or the constitution of mortgages)a separate part of real estate, although in practice, there is such a possibility via making the notification existence of contractual rights or making a notification acquisition priority order (mortgage). In the paper the author, by analyzing existing legislation, points out to possible solutions in this area.

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