Session
Law
Description
The Constitution of the Republic of Kosovo considers the right of ownership as a constitutional category, which means that the Law on Property and Other Property Rights of Kosovo regulates the way of gaining and losing ownership, but in our case we will discuss only the ways of her profit in real estate. According to Article 18, paragraph 1 of the Law on Property and Other Property Rights of Kosovo, property is defined as follows: "Ownership is the complete right to an object. The owner can dispose of the thing according to his wish, especially to possess and use it, to dispose of it and to exclude others from any influence, if it is not opposed by the law or by the rights of a third party". Since ownership is the factual power over the thing, to acquire it you must have legal facts which the objective right recognizes as the basis of the legal power of ownership.Roman law recognizes two ways of acquiring ownership: the Original Way and the Derivative Way, while the right of ownership in Kosovo; considers the basis of legal work, the inheritance, the legal basis and the basis of the decision of the state body as ways of acquiring the right to property, even though the Law on Property and Other Property Rights does not provide for it, it counts the legal titles of acquiring ownership as following: Earnings with a winning forecast, Earnings based on valid legal work and other titles that we will discuss in the following chapters.
Keywords:
Constitution of the Republic of Kosovo, Law on Ownership and Other Real Property Rights of Kosovo, Original Method and Derivative Method, Preemptive Profit
Proceedings Editor
Edmond Hajrizi
ISBN
978-9951-982-15-3
Location
UBT Lipjan, Kosovo
Start Date
25-10-2024 9:00 AM
End Date
27-10-2024 6:00 PM
DOI
10.33107/ubt-ic.2024.74
Recommended Citation
Vladi, Erëza; Haliti, Enisa; and Morina, Sevdai, "Ways of acquiring ownership according to legislation in the Republic of Kosovo" (2024). UBT International Conference. 9.
https://knowledgecenter.ubt-uni.net/conference/2024UBTIC/LAW/9
Included in
Ways of acquiring ownership according to legislation in the Republic of Kosovo
UBT Lipjan, Kosovo
The Constitution of the Republic of Kosovo considers the right of ownership as a constitutional category, which means that the Law on Property and Other Property Rights of Kosovo regulates the way of gaining and losing ownership, but in our case we will discuss only the ways of her profit in real estate. According to Article 18, paragraph 1 of the Law on Property and Other Property Rights of Kosovo, property is defined as follows: "Ownership is the complete right to an object. The owner can dispose of the thing according to his wish, especially to possess and use it, to dispose of it and to exclude others from any influence, if it is not opposed by the law or by the rights of a third party". Since ownership is the factual power over the thing, to acquire it you must have legal facts which the objective right recognizes as the basis of the legal power of ownership.Roman law recognizes two ways of acquiring ownership: the Original Way and the Derivative Way, while the right of ownership in Kosovo; considers the basis of legal work, the inheritance, the legal basis and the basis of the decision of the state body as ways of acquiring the right to property, even though the Law on Property and Other Property Rights does not provide for it, it counts the legal titles of acquiring ownership as following: Earnings with a winning forecast, Earnings based on valid legal work and other titles that we will discuss in the following chapters.