Megatrend Revija (Jan 2023)
Construction land in the Republic of Serbia and the right of ownership
Abstract
The aim of this paper was to, from the legal theory point of view, consider the right of ownership on construction land in cities in a short historical overview and the state of positive law in the Republic of Serbia. The paper presents a brief historical overview, three short pictures of Gortina, Rome, Paris, selected with respect to where the legal theory gave its contribution to the vision of property rights on construction land. The classical theory of the Roman law on the right of ownership was presented, including the right of management, use and disposal, whereby in cities the right of use is limited, equalized with the neighbors, which on the other hand contributes to comfort and convenience. Attention was also drawn to the rule of Superficies Solo Cedit, that the constructed facility follows the legal fate of the land and there can be no right only on the constructed real estate, independently. The second part provides a very brief comparative overview of the attitude of cities towards the human right to peaceful enjoyment of property, as one of the basic human rights of the first generation, which also refers to construction land. The third part presents a brief overview of the recent history of Belgrade after the liberation from the Turks in connection with the city land, the attitude towards expropriation as an expression of respect of the human right to peaceful enjoyment of property. Then, the legal history from the end of the Second World War is presented in more details. Finally, the third part presented the shortest, positive law on construction land in connection to the legal theory. In conclusion, it is stated that the Law on Planning and Construction from 2009, as a positive regulation, fluctuates between the consistent application of human rights to the peaceful enjoyment of property, as well as the emerging rule of the Roman law, that builds real estate; shares the legal fate of land and that this is adopted; the principle in the law that applies and contributes to the introduction of order in legal relations on construction land in the Republic of Serbia.
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