Training of trainers Legal titles for acquiring ownership – challenges in proving legal titles

November 8 2019, Academy of Justice with the support of European Union – Civil Code Project, organized a training of trainers on the following topic: “Legal titles for acquiring ownership – challenges in proving legal titles”. This training aimed better preparation of trainers for the coming trainings planned for capacity development and extending knowledge on the novelties that will bring the Civil Code of the Republic of Kosovo which is in its approval stage. 

First part of the training elaborated on the following: legal titles for acquiring ownership, types of legal titles, proving legal titles, and the strongest foundation for acquiring ownership. Whereas the second part covered: statute of limitation as legal title, difficulties in proving the statute of limitation, competition of legal titles – statute of limitation and the possession certificate/ certificate of ownership.

Initially this training emphasized that the applicable Law on Property and other real rights that entered into force on August 20^th 2009, regulated institutes like: ownership, possession, collateral on movable property, mortgage on real estate, servitudes, real estate and the construction area.

The training continues to present the latest developments of the Civil Code Project which will make significant developments in the area of property law and harmonizing legal provisions. The Code consists of 5 books: Book 1 – the general part, Book 2 – Obligations, Book 3 – Ownership and other real rights, Book 4 – Family, and Book 5 – Inheritance. This Code will have total of 1632 Articles and is in the approval stage by the Government.

It further elaborated on the following novelties of the civil Code of the Republic of Kosovo: definition of ownership, specification and explanation of legal provisions, foreign persons that may acquire property rights - unless otherwise stated by law; the training also explained about the trust and mistrust, animal ownership – which has specific rules, types of ownership – public and private, neighborhood rights, and ways of acquiring ownership and legal titles.

Also, the training discussed about obtaining and losing ownership and legal titles according to the Civil Code, and this Code specifies legal titles for acquiring ownership (Article 863-898 CC). The ownership right may be acquired based on a legal matter, inheritance, court decision, decision of an administrative body, and based on the Law (Article 863 of the CC). The ownership right according to paragraph 1 of this article, is acquired if all the foreseen conditions in this Code are met for acquiring ownership to movable or immovable property.

This training used modern methods of teaching, combining theoretical lecturing followed by case law examples, exercises, interactive discussions, training handouts, case study analysis and modern standards of teaching, as well presentation of legal provisions set forth in the Draft Civil Code of Kosovo.

Beneficiaries of this training were judicial trainers of the Academy of Justice who will deliver in the future the trainings on Civil Code of the Republic of Kosovo.