ПРАВНЕ ГАРАНЦИЈЕ ПРАВА СВОЈИНЕ

• Published in: Anali Pravnog fakulteta u Beogradu Vol. 70; no. Poseban; pp. 327 - 346
• Main Author: Dolović Bojić, Katarina
• Format: Journal Article
• Language: Serbian
• Published: University of Belgrade Faculty of Law 2022; Правни факултет Универзитета у Београду
• Subjects: Civil Law; Law, Constitution, Jurisprudence; Ownership; Legal guarantees of ownership; Deprivation of ownership; Limitation of ownership; Inviolability of ownership
• ISSN: 0003-2565

Out of many civil law topics that Mihailo Konstantinović dealt with, the author analyzes the institute of ownership, i.e., the issue of legal guarantees of ownership. Namely, Konstantinović wrote about the notion of the ownership, pointing out that in different times ownership was defined differently and that property owners throughout history did not always have the same scope of authority. In this way, Konstantinović opened the issue of the limitation of ownership and problematized the idea of its inviolability. This paper, inspired by Konstantinović’s lines on the “ownership issue”, analyzes the concept of legal guarantees of ownership. The paper also offers criteria for distinguishing the term ownership limitation from related terms, considering that precise terminology is the basis of the system that forms the backbone of property law. Thus, the key part of property law could be systematized through three units: ownership, limitations, and deprivation of ownership.