The legal nature of the building land and foreign investments

Автор: Babić Ilija

Журнал: Pravo - teorija i praksa @pravni-fakultet

Рубрика: Current topic

Статья в выпуске: 1-2 vol.23, 2006 года.

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A Classical law of the building on somebody else s and starts from the rules of the Roman law 'superficies solo credit', that means all that is built on a foreign land becomes property of the owner of the land. In Justinijan law that is transmissible and inheritance real law on foreign s real estate. The law of planning and building foresees two sorts of the building land: public building land and other building land. The public building land can be constructed and un constructed. The other building land is constructed land as well as the land intended for building objects in accordance with the law, but that is not determined as the public building land. The Land, which is by the General Act of a municipality, in harmony with The Law of Planning and Building and urban plan, fixed as a public land, can not be transferred of the government property. The others building land can be in all forms of the property and it can be put on sale. The public un constructed land can be used for some time until it is brought to its planned purpose. The other un constructed building land in the property of the government can be rent aut in order to build lasting object. The way which must be used for reforms of regulations of the real law is introducing classically 'superficies solo credit'. The law of the building can anticipate and regulate only the law which regulates authentically property relations, in accordance with the principle of revocation of real rights. The Law of Planning and Building has made the first steps towards the law of building, with legal separation of the right of property on the building and land. It is therefore necessary that the law that will regulate the real rights foresees she right of the building, based on the classical building law the separation the right of property on object and land. A foreign investor who founds economy corporation can rent business offices buy office space or object or acquire the right of property on the rest of the building land, on which business object will be erected. A foreign natural person and legal person can conclude a contract of leasing of the rest un constructed or constructed building land in government property in order to build permanent object or using of constructed object, on conditions determined to acquire the right of property on real estate in general. The subject of the concession can be construction, maintenance and usage of the object, mainly built on the public building land. The foreign person on that land can build only an object on the base concession, which is founded in accordance with regulations of the Concession Law. On the rest of the building land in government property, the object can be built only according to the contract of leasing.

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Короткий адрес: https://sciup.org/170203944

IDR: 170203944

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