Calculation of the period of usucaption according to the real law in Bosnia and Herzegovina and the Republic of Croatia a comporative analysis Cover Image

Uračunavanje roka dosjelosti prema stvarnom pravu u Bosni i Hercegovini i Republici Hrvatskoj-komparativna analiza
Calculation of the period of usucaption according to the real law in Bosnia and Herzegovina and the Republic of Croatia a comporative analysis

Author(s): Hamid Mutapčić
Subject(s): Law, Constitution, Jurisprudence, Comparative Law
Published by: JU Zavod za zaštitu i korištenje kulturno-historijskog i prirodnog naslijeđa
Keywords: Usucaption; Conscientious Possession; Independent Possession; Land Registry Reform; Legislative Intentions;

Summary/Abstract: Unlike the previous real right, the new entity laws on real rightsprovide for the possibility of including the period of tenure in circumstanceswhen earlier and later tenants have different qualities of possession. Sucha legal solution is not acceptable from the viewpoint of general legal rulesthat classify residency into regular and irregular. In order to create a betterlegal solution, and to prevent the possible occurrence of different legalunderstandings and uneven practices in the application of law, the paperdetects legal shortcomings, and presents proposals de lege ferenda. Whenit comes to acquiring the right of ownership of immovable property on thebasis of tenure, these proposals are essential due to the current process ofreform of land registry law and the much-needed security in legal real estatetransactions

  • Issue Year: 10/2021
  • Issue No: 10
  • Page Range: 315-330
  • Page Count: 16
  • Language: Bosnian