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Law on property-legal relations to be adopted soon<br />
BULLETIN OF THE MINISTRY OF FINANCE/APRIL - JUNE 2006<br />
ownership system, which guarantees right to ownership<br />
and inheritance without any limitations. Inviolability of<br />
the ownership right is raised to the level of the highest values<br />
of the constitutional order. However, although social<br />
ownership is terminated, in the legal system of the Republic<br />
of Montenegro remained "right to usage" of construction<br />
land by the owner of construction facility as a real relict<br />
of outdated relations. Therefore, there is an illogical<br />
combination in the cadastar registars, i.e. citizen who is<br />
the owner of construction facility (family housing building,<br />
business premises etc., which he constructed in accordance<br />
with the legal procedure) is not the owner, but<br />
only user of the construction land, i.e. construction lot on<br />
which the facility is built. Everyday practice derogates<br />
each day these legal illogicalities and gradually introduces<br />
universal legal principles, which are appropriate to<br />
the European standards, and which are based on full disposal<br />
of property and even construction land of the holders,<br />
who acwquired thier rights in the legal procedure.<br />
As Prof. Rašović points out, exactly the illogicallity<br />
must be resolved by adopting the Law on Property-Legal<br />
Relations in the aforesaid manner, by registering the<br />
ownership right to the past holders of "right to usage",<br />
"permanent usage", possibly "management" etc.<br />
By adoption of the set of other laws in the field of property<br />
(Law on State Property, Amendments and Supplemnts<br />
to the Law on Construction Land and Law on<br />
State survey and real estate cadastre) which are envisaged<br />
by the Agenda of the Government of the Republic of<br />
Montenegro in the first half od 2006 , and which were being<br />
adjusted during thier drafting and now make a complementary<br />
and compatible entirety, the overall subjectmatter<br />
of this sphere in Montenegro will be regulated in<br />
a completely new and modern way, relevant to the European<br />
standards. Clear and adequate legal institutes of<br />
ownership, disposal and possibility of property transactions,<br />
which are relevant to the rights of entities that are<br />
holders of ownership rights in the modern world, are established<br />
in that way.<br />
On these principles, from the Draft Law on Property-<br />
Legal Relations the Ministry of Finance prepared a completely<br />
new version of the Law on State Property, with<br />
ambition to perform further diferentiation in the framework<br />
of property rights and authorizations in relation to<br />
state property with clearly defined ownership position<br />
and authorizations of municipality (separate attachment<br />
in this bulletin).<br />
On the basis of the mentioned principles, from the<br />
Draft Law on Property-Legal Relations and Draft Law on<br />
State Property, in the ownership registers, i.e. register of<br />
real estate the ownership rights, which remined undefined<br />
until now (usage, permanent usage etc.), which were<br />
acquired in a legally valid manner, at the request of<br />
owners of these rights would be registered as the ownershp<br />
right. In addition, on the basis of the mentioned legal<br />
principles real titulars of private and state property<br />
will be determined and protected, and clear diferentiation<br />
of ownership rights and obligations of municipality<br />
will be executed in the framework of state property.<br />
By amendments and supplements to the Law on Construction<br />
Land, with much more clear and modern decisions,<br />
the procedures of overall treatment of property of<br />
the ownership rights holder in the framework of construction<br />
land will be integrated and simplified and the<br />
holder's rights and obligations will be regulated in a new,<br />
quality manner.<br />
In that way, the legislative framework would be integrated<br />
and real property-legal relations and all actions<br />
and procedures with reference to the property of the<br />
ownership rights holder would be completely established.<br />
By adoption of the Law on Property-Legal Relations<br />
Montenegro will obtain a new system of property-legal<br />
relations, i.e. real rights. Property-legal relations are in<br />
every country a foundation of legal relations in general.<br />
That is why drafting of this law implied good knowledge<br />
about the past legal system (regulations, judicial practice,<br />
legal theory). Preparation of such a comprehensive law<br />
in the filed of property-legal relations at the moment<br />
when the system goes through a significant turn and the<br />
need to resolve many relations, which occurred in the<br />
meantime and which are resolved through the judicial or<br />
extra-judicial procedures, represented a really great challenge.<br />
This law creates prerequisites, resolutions to many various<br />
relations established by physical and legal persons.<br />
It is expected that iots resolutions would be inspirative<br />
for judicial and other practice, for legal theory and comparative<br />
legal studies, in which process the property Codex<br />
of Montenegro is a big step forward towards the legal<br />
partnership with the European Union.<br />
Finally, as Prof. Rašović would say - adoption of the property<br />
codex belongs to big state issues. The property<br />
law must take hold in order to become the right of practice.<br />
Every new time requires also new solutions. We are<br />
sure that this law's direction is towards the new times.<br />
KRSTO RACKOVIĆ,<br />
Assistant to the Minister of Finance<br />
9
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