ESTABLISHMENT OF THE RIGHT OF PROPERTY OF REAL ESTATE IN THE REPUBLIC OF MACEDONIA

Abstract

Ownership as a real right belongs to the group of subjective-absolute rights, and is regulated by imperative norms. Ownership means the right to use and dispose of things in the most absolute way that the acquisition of the right of ownership is conditional on the registration of immovable property in a single public register in our country. The acquisition of the right of ownership in one or more items, in particular of real property, is made through their registration in public books, which even more strengthens the absoluteity of these rights and directs and obliges all other subjects of the right, that the rights and competences of a certain one have only the rightholder.
As is well known, the property law and other property rights regulate the right of ownership in the Republic of Macedonia, where it is envisaged as a real substantive right. In addition, this law also envisages other limited property rights, including: the right to servitude, the right to pledge, the right to a real burden and other real rights (right to long-term lease of construction land and right to long-term lease of agricultural land).
It is important that if the property is to be incorporated normatively, it should be included in a public book from which its credibility will arise.
The right to all types of property in the Republic of Macedonia enjoys protection, by which it is guaranteed and regulated the regular interference with possible violations of the existing legal property relations, so that their holders can safely and without obstacles exercise these The right
In Macedonia, the Constitution proclaims the right of ownership as a fundamental value, while the Law on Property and other real rights defines it as a basis by the provision.
On the other hand, the Law on Property and Other Real Rights stipulates that the owner has the right to retain, fully use and destroy at his own discretion, but provided that this would not be in violation of the law. The right of ownership may be restricted or taken only in cases of public interest provided for by law.
The Law on Property and Other Real Rights also provides for real property rights protection through ownership lawsuits and that: rei vindication, actio publicianadhe Actio negatoria