Open AccessExtrajudicial eviction
Author(s) -
Ksenija Džipković
Publication year - 2022
Publication title -
pravo i privreda
Language(s) - English
Resource type - Journals
eISSN - 2683-5592
pISSN - 0354-3501
DOI - 10.55836/pip_22108a
Subject(s) - eviction , harassment , political science , legislature , law , order (exchange) , third party , law and economics , business , sociology , internet privacy , finance , computer science
Author discusses extrajudicial eviction in legal theory and practice. It is debatable whether the acquirer must initiate the “provocative litigation” against a third party who claims that a certain right belongs to him in order to exercise the rights regarding eviction in the case of extrajudicial harassment. The positive answer would deny the existence of extrajudicial eviction. After analysing the historical evolution of the institute, different views of legal authors, the legislative attitude in domestic and comparative law, author concludes that there are situations in which the acquirer will enjoy the right to protection regardless of if the right of the third party was established by the court. Protection shall be granted if the right of the third party is established on a firm basis and if the acquirer has acquired the right on the different basis to the extent that he should have acquired by a contract.