SAVREMENI IZAZOVI I PERSPEKTIVE GRAĐANSKOG PRAVA U KONTEKSTU PRIRODE PRAVA VLASNIŠTVA
MODERN CHALLENGES AND PERSPECTIVES OF CIVIL LAW IN THE CONTEXT OF THE NATURE OF PROPERTY RIGHTS

Summary/Abstract: The development of civil law cannot be separated from the influence of the ideology of legal positivism, especially when it comes to a firmly established global framework within which the challenges and perspectives of civil law are subject to change and consequently consequential for the subjective rights of the addressees of norms. Legal positivism, whose principles are based on positivist philosophy, plays a dominant role in establishing legal orders and the role of legislators. In the context of civil law, this directly affects the nature of property rights. It is about the constant questioning of property rights, as a subjective right, within which the thesis about the absoluteness of the exercise of private legal authority is subject to the limitations of the legal order. For these reasons, the perspective of civil law, when it comes to property rights, is in mutual relation with the socio-political framework. In other words, the liberally proclaimed ideal that property rights include the broadest legal authority is limited by various requirements that are subsumed under the interests of the legal order. In other words, through the challenges and perspectives of property rights in global social relations and frameworks, the old, or constant tendencies of liberal, individual and collectivist perception of property are present. The understanding of property rights, as an inviolable human right, needs to be established in practice, but if the interests of the legal order require a different norming of the subject of property rights, this leads to necessary limitations. In this sense, the deep-rooted global framework affects domestic legal systems regarding the nature and limitation of property rights, so it is necessary to take a different legal-philosophical and dogmatic approach to understanding property. For these reasons, the problem and subject of the research aimed to consider and position the nature of property rights starting from the context of theoretical divergence and taking into account the existing global framework that affects the affirmation of the viewpoint on the nature of property rights in terms of its limitation. It was necessary to consider whether the limitations of property rights are characteristic of the conceptual basis of ownership as the broadest category and based on which reasons the limitation of property rights can be rationalized, while taking into account the real state of the domestic and global framework. On the basis of such findings, various aspects of the nature of property rights in constitutional judicial practice and the intention of limiting property rights in the light of new contemporary and global trends were discussed.

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