Zbornik, Vol. 32 No. 1, 2011.
Pregledni rad
TRANSFORMATION OF REAL PROPERTY RIGHT IN PUBLIC OWNERSHIP IN THE REPUBLIC OF SERBIA
Miroslav Lazić
; Pravni fakultet Univerzitata u Nišu, Niš, Srbija
Sažetak
The 2009 Planning and Development Act of the Republic of Serbia envisages all forms of ownership on the building land (private, public and cooperative), however, it specifically regulates the building land in public and private ownership. The most significant novelty in this Act is that it allows for transforming the right to use the societal (state-owned) property into the right of private or public property ownership and enables the privatization of the building land. The Act provides for the establishment of the legal unity of ownership on the land and buildings by conversion; in that way, the owner of the building becomes the owner (co-owner) of the land. Although this legal solution is contrary to the principle of superficies solo cedit, under which the owner of the land acquires ownership on the building, it is the only way to eliminate the duality of property ownership on the land and the building incurred in the period of the former Socialist Republic of Yugoslavia.
The conversion of the right to use into the ownership right on the building land is performed for each individual registered land parcel, and it is carried out in two ways: with or without paying the reimbursement for the market value of the land.
The right to conversion without the reimbursement for the market value of the land is provided to physical and legal persons who (being the owners of the building or owners of the condominium property) have already had the right to use the building land, and who thus acquire private property ownership or tenancy in common on the land; this right is also given to the public entities (such as the Republic of Serbia, autonomous province and units of the local self-government such as a municipality and a township) which thus acquire the public ownership on the building land.
The right to conversion with the reimbursement for the market value of the land is given to economic entities and other legal persons who have already acquired the right to use the public (state-owned) building land pursuant to the application of the legal provisions regulating the process of privatization, bankruptcy or enforcement procedure, as well as the persons who have acquired the right to build on an undeveloped building land in public ownership until 13th of May, 2003. These persons are obliged to reimburse the market value of the building land at the moment of conversion minus the costs for acquiring the right to use the building land (the Article 103 of the Act). The Government of the Republic of Serbia issued an enactment specifying the procedure and the manner of calculating the market value of the building land. The costs for obtaining the right to use the building land includes “the total revalorization of the price of capital or property paid in the process of privatization of economic entity or other legal person in bankruptcy procedure or in enforcement procedure” (the Article 4 of the Enactment)
Ključne riječi
denationalisation of real property; building land; conversation of the right to use
Hrčak ID:
82234
URI
Datum izdavanja:
1.4.2011.
Posjeta: 7.239 *