ISTORIJSKI RAZVOJ EKSPROPRIJACIJE SA POSEBNIM OSVRTOM NA REGION ZAPADNOG BALKANA
HISTORICAL DEVELOPMENT OF EXPROPRIATION WITH A SPECIAL REFERENCE TO THE REGION OF WEST BALKAN’S

Summary/Abstract: The legal principle of expropriation is a social and generally beneficial measure that is applied solely with the aim to satisfy the social i.e. general interest. The application of this principle leads to the collision of individual and general interest, and since the individual interest may never be above the general one, this conflict is resolved, through the principle, i.e. the expropriation procedure, in a was where the right of ownership over real estate is limited or abrogated, accompained by fair compensation, for the sake and on behalf of the general interest. Apart from a possible direct influence on the right of ownership, the expropriation also leads to the formation and termination of a number of other real rights, such as lease, real servitudes, personal servitudes, mortgage etc. The foregoing points to the extremely great importance of this predominantly property principle, just like to the importance and the scope of changes it causes in relation to property right holders as well as the holders of other real rights over the real estates concerned, and it is, therefore, necessary to demonstrate both its formation and its development through history in general, just like through the history relating to the region.

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