The institute of acquiring the right of ownership by acquisitive prescription under Kosovo's law

Author:Rrustem Qehaja, Armend Ahmeti
Pages:220-231
SUMMARY

A special and very important place in Kosovo's Property Law system occupies the legal norms pertaining to the Acquisition of Immovable Property by Acquisitive Prescription (Usucapio). Exactly this paper is about this subject, very interesting and debating among jurists. The purpose of this paper it is for the reader to acquire solid knowledge regarding the Acquisition of Ownership on Immovable... (see full summary)

 
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The institute of acquiring the right of ownership by acquisitive
prescription under Kosovo’s law
Professor Rrustem QEHAJA1
Msc. Armend AHMETI2
Abstract
A special and very important place in Kosovo’s Property Law system occupies the
legal norms pertaining to the Acquisition of Immovable Property by Acquisitive Prescription
(Usucapio). Exactly this paper is about this subject, very interesting and debating among
jurists. The purpo se of this paper it is for the reader to acquire solid knowledge regard ing
the Acquisition of Ownership on Immovable Property by Acquisitive Prescription under the
Law o f Kosovo. Especially, in an analitical way we will discuss ab out the Acquisition of
Ownership on Immovable P roperty by ‘Usucapio’ (Praescriptio). During this brief and
substantive analysis we have been served with relevant legal texts, especially with Law
no.03/L-154 on Property and Other Real Rights of the Republic of Kosovo and in a
comparative historica l view with Law no.6/80 on Basic Property Relations of the Former
Socialist Federal Republic of Yugoslavia.
Keywords: property law, acquisitive prescription, immovable property, property
relations, law on property, real rights.
JEL Classification: K11, K15, K25
1. The acquisition of ownership by acquisitive prescription under
Kosovo’s law
Kosovo’s Law accepts these real rights: 1. Ownership, 2. Servitude, 3.
Pledge, 4. Realty Charges and 5. Building Right. In this sense, t he principle of the
‘numeric clausus’ of real rights is accepted in Kosovo's law. ‘Real rights, known as
‘iura in rem’, on immovable property rights are gained only with the registration of
the right in public registers established for this purpose.’3 Ownership on immovable
property is obtained by: 1) Legal title (iustus titulus), which may be the derivative
title (juridical action-cause) and Original title (prescription, decision of the state
body, merger of things, etc.) and 2) Mode of Acquisition (modus aquirendi) which
1 Rrustem Qehaja - Civil Law Department, Faculty of Law, University of Pristina ‘Hasan Prishtina’,
Kosovo, rrustem.qehaja@uni-pr.edu.
2 Armend Ahmeti - Civil Law Department, Faculty of Law, University o f Pristina ‘Hasan Prishtina’,
armend_ahmeti@hotmail.com.
3 See in this regard Haxhi, Gashi, The Registration of Ownership and Other Real Rights in Kosovo: A
Critical Overview in Comparative Prospects, Journal of Legal and Social Issues ‘LAW’”, no.
1-4/2015, published by the University of Pristina ‘Hasan Prishtina’, Faculty of Law, Pristina, 2016,
p. 73.

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