METHODS OF PROPERTY ACQUISITION WITH DERIVATIVE TITLE AND LEGAL-LAW POSITION OF LAWSUITS FOR THE PROTECTION OF THE REAL RIGHTS IN THE ROMAN LAW AND CONTEMPORARY SYSTEMS OF LAW

Abstract

Through ownership are expressed and born those socio-economic relations, which are called property relations. Like all social relation-ships with legal character and property relations are governed by the norms of law. The norms of law regulating property relations, forms the right with the same name. As a real right, property right represents those characteristics embodied even in the first: It is the full or complete right that allows the holder any legitimate power over the use of the item. It is elastic right, as right when it limits the powers of the owner due to other real right limited over item, automatically turn once again to its previous state, if that suppressed state, ceases or changes. It is autonomous and independent right, because does not exists, because of the existence of another parallel right with greater importance, but exclude it. It is absolute or eternal right that continues without interruption, to the extent till that the right does not become obsolete. In this case also born property disputes seeking court settlement and appeared the right of lawsuits and claims for protection of real rights for which will be spoken ongoing in this scientific work.