Трансформација власничких односа у Републици Српској
Transformation of Property Rights in Republic of Srpska

Author(s): Nikola Kovačević
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Transformation of property rights;Act on Real Property Rights;Estate;Right to build on another's land;Right of non-possessory lien;
Summary/Abstract: This article deals with transformation of property rights carried out in BiH entities after the disintegration of Socialist Federal Republic of Yugoslavia and shift to socio-economic system based on private property and free market economy. In the introductory part, the author gives brief overview of transformation of the right of property and other real property rights in former SFRY. At the time, private property was suppressed in favor of social property - legal concept which has never been fully defined. Social property had no rightful owner; it belonged to everybody and nobody at the same time. This resulted in diminishing the importance of real property rights from both the aspect of positive regulations and the aspect of theoretical analysis and practical application. The process of transformation began in late 1990s with the constitution of Bosnia and Herzegovina as a sovereign state. Social ownership of company capital, urban construction land and apartments in Republic of Srpska was first transformed into state-owned property after which privatization of apartments and state-owned property in companies and denationalization of construction land followed. Thus, private property became dominant form of ownership, although state-owned property still exists. By adoption of the Act on Real Property Rights in Republic of Srpska in 2003, radical reform of real property rights was carried out. In the second part of the paper, author presents main postulates on which this Act is based: equality among different forms of property title regardless of their rightful owner, establishment of the principle superficies solo credit, regulation of apartment title as a combination of joint ownership on collective parts of building and sole ownership on apartment, establishment of new real-property rights such as the right to build on another’s land, the right of non-possessory lien etc.

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