FULFILLMENT OF PROPERTY RIGHTS IN BOSNIA AND HERZEGOVINA

Abstract

This article aims to give an overview of the main influences on the development of property law and property rights in Bosnia and Herzegovina as well as an overview of certain current issues. As one of the main legislative influences for the development of civil law in general and property law specifically in the legal system of Bosnia and Herzegovina, the Austrian General Civil Code can be identified. However, one of the most significant events is the impact of the transformation of private property through nationalization and confiscation in the period of socialist Yugoslavia. The aftermath of such radical change and the effects of subsequent subpar solutions aimed at privatization and the transformation of ownership of the property has left significant difficulties in the fulfillment of property rights. Especially detrimental is the stalemate in the issues of restitution of property to previous owners, which is specifically interesting in the case of waqf property. Another issue is the politically charged question of state-owned property. Such a situation results in several instances of violation of human rights as well. Especially worrying is the practice of disregarding the property rights of the returnees. After the overview of the main historical points and the current situation of the fulfilment of property rights, specific issues and cases are presented. Throughout the research, the legal-historical method, together with content analysis, case study and normative methods are used. The main goals are to give an overview of the historical context and provide an analysis of the most important current issues related to the fulfillment of property rights in Bosnia and Herzegovina such as the question of state-owned property, restitution and compensations as well as issues related to rights of returnees. Finally, certain recommendations related to the main issues such as state-owned property, restitution and certain legal discrepancies related to condominium ownership rights are given.