Original scientific paper
https://doi.org/10.30925/zpfsr.37.1.8
PRIETARY NORMS ON ACQUISITION, TYPES AND CONTENT OF THE RIGHT OF EASEMENT IN OUR POSITIVE LAW
Ante Perkušić
; Pravni fakultet Sveučilišta u Splitu; Vrhovni sud RH
Abstract
The paper contains a wider representation of the general and special norms on the acquisition, types and content of easements in positive law of the Republic of Croatia. In that sense, classification of the legal foundations and the ways of its establishment, types and content of this limited real right are made, all due to the specifics of the special legislation (whose application in practice is most common) in relation to general legislation. At the same time it is pointed out on the incompleteness of special legal norms, as well as its non-compliance with the principles set out by the general norms on easements. The advantages and disadvantages of these norms are analyzed towards the open issues that arise in the application of this institute with the reasoned proposals de lege ferenda.
Keywords
right on easement; personal easement; irregular easements, general and specific legal norms on easements; legal restrictions on ownership rights
Hrčak ID:
160494
URI
Publication date:
11.4.2016.
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