Open AccessPRINCIPLE ON THE LAND REGISTER IN THE INTERPRETATION OF JURISPRUDENCE
Author(s) -
Hamid Mutapčić
Publication year - 2016
Publication title -
human
Language(s) - English
Resource type - Journals
eISSN - 2232-996X
pISSN - 2232-9935
DOI - 10.21554/hrr.041606
Subject(s) - jurisprudence , legislation , legislature , property (philosophy) , real estate , interpretation (philosophy) , property rights , law , land law , order (exchange) , legal certainty , land administration , real property , political science , business , law and economics , land tenure , computer science , sociology , geography , philosophy , agriculture , archaeology , epistemology , finance , programming language
For a longer period of time land registers in Bosnia and Herzegovina do not reflect the actual situation regarding property rights. The reasons should be sought in the poor quality of and inconsistent legislation that allowed non-registered acquisition of real property rights. On the basis of such legislation earlier Yugoslav jurisprudence had permanently denied the acquisition of property rights based on the principle of trust in the land registry. A new definition of the principle of trust, which implies the protection of the rights acquired on the basis of incorrect and incomplete land registry status, was introduced with the entry into force of the new entity laws on land registry. The main intention of the legislature is reaffirmation of the land registry and its basic principles, which is a precondition for faster and easier real estate transactions. However, the new law provides for real solutions that prevent the full application of the principle of trust, which results in the adoption of different and unequal judicial decisions. The paper presents analysis of such legal solutions, also defects that generate the emergence of different concepts of law are detected, and proposals de lege ferenda are listed in order to create the legal conditions for uniform jurisprudence.