O NEKIM PITANJIMA PRIRAŠTAJA USLJED GRAĐENJA I SAĐENJA NA TUĐEM ZEMLJIŠTU U PRAVU BIH U SVJETLU RIMSKOG PRAVA
ON SOME ISSUES ON ACQUISITION OF PROPERTY THROUGH CONSTRUCTION AND PLANTING ON A LAND BELONGING TO OTHER PERSON IN B&H LAW IN THE LIGHT OF ROMAN LAW

Summary/Abstract: The subject of this paper are the rules on acquisition of property through construction and planting on a tract of land belonging to other person in the Law on Real Rightsof the Federation of Bosnia and Herzegovina. Author submits them to an ontological interpretation, based on the original context that these rules had in the Roman law in which they were created, with the aim of offering possible solutions to various situations that may arise in legal practice, which are not explicitly regulated by the letter of the Law.The author proposes, inter alia, that it should be considered that a landowner may remove a building built by a third party if he is in possession of the land and, if not,may sue for surrender of the land, but must be prepared to pay compensation to the builder before land transfers; that the compensation should, generally, be estimated at the total amount of construction costs, but in certain situations it can be estimated at a smaller amount; that a prefabricated building is not considered as adherent to the soil, as well as seedlings that can still be removed; that in the case where a building erected by someone else’s material collapses, to the owner of the material should be allowed to demand it by the owner’s claim, especially if he has not been paid compensation and if the conditions for usucaption are not being met by the owner of the building; that the owner of seedlings or seeds sown in another’s land should be allowed to ask a compensation under the rules of law of obligations; and that more detailed rules should be established for the interpretation of the provisions on the ownership of a tree grown on the border of tracts of land of different landowners.

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