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Law on property-legal relations to be adopted soon<br />
BULLETIN OF THE MINISTRY OF FINANCE/APRIL - JUNE 2006<br />
LAW ON PROPERTY<br />
- LEGAL RELATIONS TO BE<br />
ADOPTED SOON<br />
THE PROPERTY LAW MUST TAKE HOLD IN ORDER TO BECOME THE RIGHT OF PRACTICE.<br />
EVERY NEW TIME REQUIRES ALSO NEW SOLUTIONS. WE ARE SURE THAT THIS LAW'S DIREC-<br />
TION IS TOWARDS THE NEW TIMES<br />
The Ministry of Finance through relevant Work<br />
Group composed of the representatives of the<br />
Faculty of Law, Ministry of Finance and Ministry of<br />
Justice managed by Prof. Dr. Zoran Rašović, prepared<br />
Draft Law on Property -Legal Relations<br />
Property -legal relations in Montenegro have not been<br />
still regulated integrally by the law. Property, as entirety of<br />
economic relations in society and social condition of<br />
existence, is fundamental base for the overall social reform.<br />
Complete and entire normative regulation of property-legal<br />
relations is necessary for implementation of<br />
the initiated changes in th economic and legal system of<br />
the Republic and it is an important condition for faster<br />
realization of constitutional concept of private property<br />
and freedom of entrepreneurship.<br />
Subject-matter of the property-legal relations is regula-<br />
ted by the Law on Elements of property-legal relations<br />
and numerous separate laws (tenant ownership, mortgage,<br />
pledge, fiduciary transfer of property rights etc.). To<br />
the extent to which they are still not regulated by the new<br />
regulations, pre-war legal rules can still be applied to these<br />
relations, under the general conditions contained in<br />
the Law on Invalidated Legal Relations adopted before<br />
April 6, 1941 and During the Occupation Period in 1946.<br />
Drafting the Law on property-legal relations in Montenegro,<br />
subject-matter of the real right is gathered in one<br />
place. In that process were used past experinces, provisions<br />
of our big general property code of Montenegro, judicial<br />
practice, comparative legal decisions as well as decisions<br />
from the European law, expecially Convention on<br />
protection of fundamental human rights and freedoms as<br />
well as practice of the European Court of Justice.<br />
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