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27-02-2019

Ownership rights, ways of acquiring ownership and other real rights according to the applicable legislation in the Republic of Kosovo

On February 21 and 27 2019, Academy of Justice with the support of USAID Property Rights Program, organized two trainings for the regions of Ferizaj and Gjilan and for the Mitrovica region, on Ownership rights, ways of acquiring ownership and other real rights according to the applicable legislation in the Republic of Kosovo.

These trainings elaborated on the Law on basic ownership relations, and ways of acquiring ownership. Further it continued with explanation of protection and termination of the ownership rights, possession and its types, servitudes – including its acquiring, types, protection and their termination.

Also they provided basic knowhow on the competent court’s case law on property related disputes according to the Law on Obligational relationships and the Law on property and other real rights, extending to basic concepts deriving from the case law.

Particular emphasis was put on the Law on Property and other real rights, which regulates ways of acquiring ownership, by highlighting two types of ownership gain: original and derivative. While the original acquiring presents cases when the winner does not obtain this rights from a previous right, but acquires it by source, based on legal facts (according to the law and based on a decision of a state entity); the Derivative ownership acquiring, is in cases when the winners holds his right from the right of his/her predecessor (based on legal matter or by inheritance).

These trainings used combination of theoretical lecturing based on the case law and followed by interactive discussion by the experts, delivery of handouts, analysis and facilitated elaboration of the topics, focusing on correct application of legal provisions by competent courts, and explaining legal provisions on ways of ownership acquiring and protection, possession, statute of limitation, and servitudes according to the Law on Property and other real rights, etc.

Beneficiaries of these trainings were judges of basic courts of Gjilan, Ferizaj and Mitrovica.

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