Judicial protection is cases of property, servitudes and obstruction to possession

March 3-4 2020, Academy of Justice within the Continuous Training Program (CTP in cooperation with the EU funded project “Support to Civil Code – stage 2”, organized training on “Judicial Protection in cases of property, servitudes and obstruction to possession”.

Purpose of this training was to extend the participants knowledge on judicial protection in cases of obstruction to possession and servitudes.

First day of the training discussed on authorizations of the property right, ownership and property, characteristics of the property right, limitations of the property right, the neighbors rights, emissions, importance of protecting the property right, lawsuits for protection of property right, types of lawsuits, nature of possession, notion of possession, object of possession, elements of possession, types of possession, acquiring and loosing the possession, protection of possession and competence.

Second day of the training elaborated on the timeline for mandatory enforcement of the decision, servitude as a right to foreign object, subject of servitude, division of servitude, ways of acquiring servitude, ways of acquiring servitude, termination of object servitude, termination of personal servitude.

This training highlighted that the procedure conducted in disputes for obstruction to possession, as a special contested procedure regulated by provisions of the Law on Contested Procedure, the court gives judicial protection to the person from whom the object is taken, or to who obstruction to its utilization is caused. According to the aforementioned legal provisions the prompt and efficient decision of the factual state, where review of the case according to the lawsuit for obstruction of possession by the court will be limited only to finding the proof of facts of the latest possession state and of the obstruction made.

This training used combined methodology of interactive discussions and elaboration of cases, worked in groups and reviewing practical cases.

Beneficiaries of this training were judges of the Special Chamber of the Supreme Court, the Appeals Court, Basic Courts of all regions of Kosovo and Professional Associates.