Pravo (Oct 2009)

EXPROPRIATION AS A WAY TO CEASE OR LIMIT THE PROPERTY RIGHTS

  • Marinko Džudović

Journal volume & issue
Vol. 26, no. 9-10

Abstract

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In this paper, we look to the legal regulation of expropriation in Bosnia and Herzegovina, with particular emphasis on international acts to regulate property rights. However, property, or the right of ownership in Bosnia and Herzegovina had a very turbulent fate that is characterized by a low level of security, often violent exclusion, and therefore the right of ownership of our environment is often not enjoyed the protection of which is traditionally prescribed. So in practice, the number of recorded cases of unjustified exclusion or limitation of property rights, including through expropriation. New regulations are still to a certain extent the inheritance of solutions and legal point of view of the previous system, but they are still on the trail of a different concept that the right of ownership is treated in one way which is more adequate. In this section can be found subject to the regulations following the draft Law on Real Rights, which provides unity, unimodality and equality, and equal protection of property rights and other property rights, regardless of who is the holder of the title the same.

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