Acta Universitatis Danubius. Juridica, Vol 14, No 1 (2018)

Acquisition of Ownership by Prescription under Kosovo Property Law and the Influence from Other Legal Systems

Qerkin Berisha

Abstract


Kosovo legal framework related to property and other real rights has been developed in the recent years. The post 1999 period is characterized with major changes in legislation. The influence of German Civil Code and other European legal systems is evident. This influence is justified due to major external support in the process of drafting Kosovo legislation. The focus of this paper is given to the acquisition of ownership by prescription as original form of acquisition of ownership, including a comparative perspective and applicability in practice. Acquisition of ownership by prescription in immovable is quite common in the practice of Kosovo legal system, due to large number of non-formal property transactions in the past. The existence and applicability of this title is argued in the light of ensuring legal certainty. The approach used in this study is based on observations as well as review of legal theory and practice. Ownership and property rights are very complex and challenging issues that affect the welfare of the country. This paper contributes to legal theory and its findings address some key issues with regard to acquisition of ownership by prescription. The comparative aspect will contribute to a better understanding and proper interpretation of legal framework.   


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