Judicial protection of real property rights
The classical civil law institutes, such as protection of real property rights, have withstood the test of time from Roman law to the present day. In case of violation of subjective real property rights, the injured party may file a claim for judicial protection. The paper presents five types of law...
Saved in:
| Main Authors: | , |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
Faculty of Law, Niš
2024-01-01
|
| Series: | Zbornik Radova Pravnog Fakulteta u Nišu |
| Subjects: | |
| Online Access: | https://scindeks-clanci.ceon.rs/data/pdf/0350-8501/2024/0350-85012403033T.pdf |
| Tags: |
Add Tag
No Tags, Be the first to tag this record!
|
| Summary: | The classical civil law institutes, such as protection of real property rights, have withstood the test of time from Roman law to the present day. In case of violation of subjective real property rights, the injured party may file a claim for judicial protection. The paper presents five types of lawsuits aimed at providing judicial protection of real property rights: actio rei vindication, actio publiciana, actio negatoria, actio confessoria , and vindicatio pignoris. The regulation of these property claims in rem is analyzed by examining the relevant provisions of Serbian substantive law (the Basic Property Relations Act) and procedural law (the Civil Procedure Act). After pointing out to the traditional division of property lawsuits, the authors explain the rationale for providing judicial protection in these property claims. In terms of civil procedure, the authors focus on the claims for the return of property (repossession), which is most fully regulated in the Basic Property Relations Act. Notably, although the institute of repossession has essentially survived, there are some new tendencies which call into question the very concept of property rights and impose restrictions on the use of one's property. One of these tendencies (embodied in the principle of polidatiry) is the right to a home, established by the practice of the European Court of Human Rights and confirmed by the decisions of the Constitutional Court of the Republic of Serbia. |
|---|---|
| ISSN: | 0350-8501 2560-3116 |