Acquisition of property rights
Session
Law
Description
The right of ownership is a constitutional category, and it is guaranteed by the constitution, therefore the acquisition of ownership is provided by the Constitution in most developed countries, but the rule is that the bases (ways) of acquiring the ownership right are regulated by law and how absolute right is also guaranteed by international conventions. The right of ownership is acquired on the basis of law, on the basis of legal and inherited work, as well as on the basis of the decision of the competent state body. Ownership is the total right to a thing, it is the main institute of property right. Every property has an owner, a subject of law, whether a natural person or a legal person, even the property of the state. The owner has absolute rights to his thing-property, he can dispose of the thing as he wishes, especially to possess it and to use it, to dispose of it and to exclude others from any influence / obstruction or violation of his rights.
The right of ownership as the first of absolute rights is public, even its disposition can be exercised by the owner according to his will if it is not opposed by law or by the rights of a third party. Here it is worth mentioning the principle that the right of each person extends to the extent that it does not hinder the other, therefore the right of ownership can be used but without hindering others. For example, the right of ownership can be used for construction, but the restriction of the part of the plot that does not interfere with the lighting of the other, does not create an unbearable situation. According to the definitions given by law, reflects that the owner has all exclusive rights over his property.
Keywords:
constitution, law, property right, real estate, mortgage (five keywords of the press release).
Proceedings Editor
Edmond Hajrizi
ISBN
978-9951-550-47-5
Location
UBT Kampus, Lipjan
Start Date
30-10-2021 12:00 AM
End Date
30-10-2021 12:00 AM
DOI
10.33107/ubt-ic.2021.152
Recommended Citation
Shefqeti, Florim H., "Acquisition of property rights" (2021). UBT International Conference. 83.
https://knowledgecenter.ubt-uni.net/conference/2021UBTIC/all-events/83
Acquisition of property rights
UBT Kampus, Lipjan
The right of ownership is a constitutional category, and it is guaranteed by the constitution, therefore the acquisition of ownership is provided by the Constitution in most developed countries, but the rule is that the bases (ways) of acquiring the ownership right are regulated by law and how absolute right is also guaranteed by international conventions. The right of ownership is acquired on the basis of law, on the basis of legal and inherited work, as well as on the basis of the decision of the competent state body. Ownership is the total right to a thing, it is the main institute of property right. Every property has an owner, a subject of law, whether a natural person or a legal person, even the property of the state. The owner has absolute rights to his thing-property, he can dispose of the thing as he wishes, especially to possess it and to use it, to dispose of it and to exclude others from any influence / obstruction or violation of his rights.
The right of ownership as the first of absolute rights is public, even its disposition can be exercised by the owner according to his will if it is not opposed by law or by the rights of a third party. Here it is worth mentioning the principle that the right of each person extends to the extent that it does not hinder the other, therefore the right of ownership can be used but without hindering others. For example, the right of ownership can be used for construction, but the restriction of the part of the plot that does not interfere with the lighting of the other, does not create an unbearable situation. According to the definitions given by law, reflects that the owner has all exclusive rights over his property.