Institut dosjelosti u kontekstu zabrane raspolaganja državnom imovinom u Bosni i Hercegovini
The Institute of Acquisitive Prescription (Usucapio) in the Context of the Prohibition of Disposal of State Property in Bosnia and Herzegovina

Summary/Abstract: This paper analyzes the relationship between acquisitive prescription (usucapio) as an original mode of acquiring ownership and the prohibition of disposal of state property in Bosnia and Herzegovina. Starting from classical property law doctrine, it is argued that disposal is inherently linked to a voluntary legal act and legal transactions, whereas acquisitive prescription arises independently of the will of the previous owner, without legal continuity, and therefore cannot be subsumed under the concept of transfer of ownership. The paper further examines contemporary case law, with particular focus on Decision no. AP-2990/22 of the Constitutional Court of Bosnia and Herzegovina, which introduces a functional approach based on the ultimate effect of a change in ownership. Such an approach departs from the classical doctrinal understanding of acquisitive prescription and raises questions regarding the limits of judicial interpretation. The paper concludes that the issue of acquisitive prescription over state property requires a contextual approach that takes into account the legal nature of the institute, legal certainty, and the legitimate expectations of legal subjects.

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