Građevinsko zemljište kao predmet vraćanja u postupku restitucije

Abstract

Ownership right on building land is one of the property rights which had been deprived from citizens by state authorities in the period after the Second World War, while there were a lot of legal bases for deprivation. Restitution of the deprived property is the obligation of each country which stipulates the rule of law as one of its constitutional principles and in order to achieve that goal two laws regulating this issue were passed in our country, one general, and the other referring only to churches and religious communities. However, there are some differences between these two laws, such as differences in terms of regulating rights of third persons on deprived building land and other real estates, especially rights of holders of real and personal services and rights of lessees of real estates. The possibility of restitution of ownership rights on building land is limited by several factors, whereby a balance between interests of former owners of building land, interests of individuals and legal entities having ownership rights on objects built on that land after deprivation as well as public interests need to be achieved. Therefore, the principle of natural restitution, although it is envisaged as the basic principle of restitution of property rights, as well as ownership rights on construction land, is in practice implemented with many exceptions.