L'accessione verticale nei diritti dei Paesi dei Balcani occidentali - una prospettiva romanistica
Res accessoria on Land in Legislation of Western Balkan Countries - a Romanistic View

Author(s): Samir Aličić
Subject(s): Law, Constitution, Jurisprudence, Roman law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Roma law; Real-property law; Acquiring title in land; Res accessoria on land; Inaedificatio;
Summary/Abstract: This paper examines rules governing construction on other's property as a means of acquiring interest in property in the legislation of Western Balkan countries. Laws governing this issue were based on Austrian Civil Code (1811). However, in the socialist era they underwent radical changes due to which legislation in these countries provide for legal solutions which are far more favorable for the constructor, compared to that of European countries. By virtually abolishing the rule superficies solo cedit applicable to the bona fide principle and to social- economic circumstances as the criteria used to determine whether a construction is a property of constructor or of a landowner. Author analyzes the said rules and principles from the aspect of Roman law in order to point to potential development tendencies in legislation.

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