Univerzitet Union Nikola Tesla , Belgrade , Serbia
International University of Travnik , Travnik , Bosnia and Herzegovina
In this paper, the author tried to point out the most common dilemmas or doubts that arise in the procedures carried out by administrative authority during the implementation of the procedures for converting other rights into property rights that are still registered in the public real estate records, although these institutes, as a type of right, ceased to exist. These doubts arise due to the insufficient legal definition of the procedure and rules of the procedure carried out by the administrative authority at the request of the interested party, because this procedure is defined in only four (or six) articles of the Law on real rights. It is this vagueness or insufficiently clear specification of the procedure and conditions for converting earlier rights on real estates into property rights, that lead to doubts during the implementation of these procedures and to different decisions and positions on the same issue, which of course only contributes to legal uncertainty. In this paper, some suggestions and the author's opinion are given as to how this problem could be solved, in order to ultimately obtain better solutions, and to obtain a uniform application of law in all individual cases.
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