Harmonizacija stvarnog prava u Republici Makedoniji
Harmonization of Property Law in the Republic of Macedonia

Author(s): Rodna Živkovska, Tina Pržeska
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Property law;Other real rights;Harmonization;
Summary/Abstract: This text shows that the Macedonian legal system regulating property law consists of the general Law of Ownership and Other Real Rights and special laws that regulate parts of the property law. It is evident from the text that the special laws that regulate certain parts of the property law can be categorized in several groups:1. Special laws that regulate legal regime upon things,2. Special laws that regulate certain forms of ownership,3. Special laws that regulate various ways of acquiring ownership,4. Special laws that regulate other real rights and 5. Special law that regulates the registration of property rights in the real estate cadastre. The group of special laws that regulate legal regime upon things consists of laws that regulate the things of public interest, things of public use, ships, aircrafts and apartments as objects of ownership and other real rights (Law on Agricultural Land, Law on Construction Land, Law on Forests, Law on Protection of Cultural Heritage, Law on Pastures, Law on Water, Law on Public Roads, Law on Cemeteries and Cemetery Services, Law on Internal Sailing, Law on Obligations, and Real Rights in Air Traffic, Law on Housing, etc.).Special laws that regulate certain forms of ownership are: Law on Use and Disposition of Things of Government Bodies, Law on Municipalities, and Law on Companies.Special laws that regulate various ways of acquiring ownership are: Law on Denationalization, Law on Expropriation, Law on Privatization and Long Term Lease on Construction Grounds Owned by the State, Law on Expropriation, Law on Construction, Law on Treatment of Illegal Objects and The Penal Code.Special law that regulates the registration of ownership and other real rights in the real estate cadastre is The Law on Real Estate Cadastre. The analysis of the property law system in Republic of Macedonia in this text shows that there is a great degree of discrepancies between the Law on Ownership and Other Real Rights and the special laws that regulate property law relations. The discrepancies are: 1. Discrepancies between the general Law on Ownership and Other Real Rights and the special laws that regulate the legal regime upon things of public interest for the Republic of Macedonia; 2. Discrepancies between the Law on Ownership and Other Real Rights and special laws that regulate the legal regime of things such as: apartments, boats and aircrafts; 3. Discrepancies between the Law on Ownership and Other Real Rights with special laws that regulate various ways for acquiring ownership; 4. Discrepancies between the Law on Ownership and Other Real Rights and the special law that regulates the registration of ownership and other real rights on real estate in the real estate cadastre (The Law on Real Estate Cadastre) and 5. Discrepancies between the terminologies used in the general Law on Ownership and Other Real Rights and the special laws.Besides the numerous discrepancies between The Law on Ownership and Other Real Rights and special laws, this text shows that the Macedonian property law has a problem with the insufficient regulation of property law institutes such as: the right of long term lease on agricultural land, the future things as object of ownership and other real rights, the infrastructures as special type of things, etc. The authors are of the opinion that the process of harmonization of the Macedonian property law should start by amending the Law on Ownership and Other Real Rights. Amendments are also needed in the special laws in order to harmonize them with the general law and with each other.The general conclusion of the authors is that there is a need for harmonization of the property law in the Macedonian legal system which should be performed before or during the codification of the civil law.

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