"Постконфликтно уређење" одржаја на Косову и Метохији-ка поразу права прогнаних лица и "легализацији"противправних аката узурпатора?
"Post-Conflict"Acquisition of Property Through Prescription in Kosovo and Metohia-to Defeat of the Refugees' Rights and Legalization of the Illegal Acts of Usurpers

Author(s): Duško M. Čelić
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Kosovo and Metohija; Refugees; "The law of ownership and other real rights"; "Post-conflict" situation in Kosovo and Metohija; Acquisition of property through prescription; Bona fide possession;
Summary/Abstract: Violence against property, which in Kosovo continues to be made and in terms of the “post-conflict peace“, through the activity of quasi-governmental institutions, favors and systematic encroachment on property-legal relations to real estate through „normative“ activities of self-proclaimed authorities in the province. The Law on Property and Other Real Rights, adopted by the Kosovo Assembly in 2009, changed the rules on acquisition by prescription by altering the requirements of bona fide and lawful possession existing under the previously applicable law. The long absence of the rule of law,mass usurpation of real estate of refugees from Kosovo and Metohija, the lack of continuity of keeping the public registers and storing collections of documents and difficult or impossible access to justice for the greatest number of refugees, some of the reasons for the critical attitude towards these authors "provisions“. Bearing in mind the relevant international and domestic legal standards for the protection of human rights of displaced persons, we believe that ‘the provisions’ of the possession, flung open the door for legalization violent established the factual situation on the real estate of refugees from Kosovo and Metohija.

  • Page Range: 184-205
  • Page Count: 22
  • Publication Year: 2015
  • Language: Serbian