ACQUISITION OF REAL ESTATE FROM NON-OWNERS ACCORDING TO THE LAND REGISTRY AND PROPERTY RIGHTS LAW IN BOSNIA AND HERZEGOVINA - transformation of the legal rule on gross negligence into the legal rule on doubt

Abstract

Yugoslav jurisprudence has taken an attitude that in addition to examination of the land registry and ownership state of real estate, it is necessary to verify whether the seller is the actual owner and possessor of real estate. The Law on Land Registries of the FBiH prescribes a radically different way of regulating this legal issue, in the way that prescribes gross negligence as a condition of conscientiousness of the later acquirer. In the process of drafting and passing the new Law on the Property Rights, our legislator realized unenforceability of the legal rule on gross negligence in the Law on the Land Registries, and transformed it into a legal rule on doubt as significantly more responsible relation of the later acquirer, according to off-the-record facts related to a certain real estate. The paper analysed the aforementioned legal rules and the goal of the transformation of legal rules was declared through the essential interpretation of the new Law on the Property Rights of the FBiH. Attitudes and proposals de lege ferenda were taken for proper application of legal rules, which should ultimately result in harmonisation of judicial practice.

Keywords

• conscientiousness
• gross negligence
• doubt
• legal rules on trust protection
• disputes between book and non-book owners