Specificatio in the Law of Real Rights of the Republic of Srpska in the Light of the Roman Law Cover Image

Specificatio in the Law of Real Rights of the Republic of Srpska in the Light of the Roman Law
Specificatio in the Law of Real Rights of the Republic of Srpska in the Light of the Roman Law

Author(s): Samir Aličić
Subject(s): Law, Constitution, Jurisprudence, Roman law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Roman law;Real rights;Comparative law;Original Acquisition of property;Specificatio;
Summary/Abstract: The object of this paper are the rules of the article 119 of the Law of Real Rights of the Republic of Srpska on specificatio, i. e. on the acquisition of property by change of species of a thing. These rules are subject to an ontological interpretation, in regard with the original context which they had in the Roman law, and are contrasted with the solutions of the comparative law. The scope of the paper is to offer interpretation of the text that would cover the situations that could appear in the legal praxis, and which are not explicitly regulated by the Law, and to offer possible solutions de lege ferenda.

  • Page Range: 436-446
  • Page Count: 11
  • Publication Year: 2021
  • Language: English