Остваривање имовинских права физичких лица на непокретностима на Косову и Метохији (право на повраћај имовине)
Individual Property Rights on Real Estate in Kosovo and Metohia (Right to Property Restitution)

Author(s): Katarina Jovičić
Subject(s): Civil Law, Politics and law, Inter-Ethnic Relations
Published by: Institut za uporedno pravo
Keywords: right on real estate; restitution; International mission; Kosovo and Metohja
Summary/Abstract: In the paper the author deals with the issue of realisation of natural persons' property rights on immovables in Kosovo and Metohia, a topical issue that is not only insufficiently researched, but also very specific in terms of how it is regulated. Land and property rights on immovables have often been a cause of serious conflict in the area, which were not resolved regularly, due to a high level of citizens' distrust in local courts. When the international mission established civil administration in Kosovo following the NATO intervention, it has also taken up the competence to resolve a part of these issues. However, this did not significantly improve the credibility of institutions dealing with this issue. The reasons for this lie in the manner of their resolution, to which the predominant part of this paper is dedicated. Regulations governing citizens' property rights on immovables in Kosovo passed by the international mission, in accordance with its mandate, should contribute to providing conditions for safe and undisrupted return of refugees and displaced persons to their homes. A vital factor in the return of these persons is the payment of damages for their damaged or destroyed immovable property, one which is not regulated by the said norms. Resolution of these requests by the local courts, under present conditions, cannot yield results, and hence the performance of the international mission in this field cannot be assessed as successful. On the other hand, the Republic of Serbia, despite the fact that its regulations are not fully applied in Kosovo and Metohia, must make additional efforts to create better conditions for resolving the problems of its citizens who have claims against immovable property on Kosovo territory, to the extent possible.

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