Modification of construction permits and transfer of subjective rights
| Autor: | Marko Milenković, Sofija Nikolić-Popadić, Miloš Živković |
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| Jazyk: | angličtina |
| Rok vydání: | 2019 |
| Předmět: |
Root (linguistics)
media_common.quotation_subject Transferability transfer of construction permit private and public law of construction General Engineering Private law construction permit amendment of construction permit lcsh:Law State (polity) medicine Construction law Business medicine.symptom Monopoly Law and economics media_common Confusion lcsh:K |
| Zdroj: | Anali Pravnog Fakulteta u Beogradu, Vol 67, Iss 3, Pp 124-142 (2019) |
| ISSN: | 2406-2693 0003-2565 |
| Popis: | Amending construction permits is important for regulation of construction. Serbia had an inflexible system that did not allow it, due to lack of transferability of the underlying rights and state monopoly over construction land. Enabling ownership of construction land made it necessary to allow the transfer of construction permits. This was done while maintaining the system of issuing construction permits to developers and focusing on digitalization. This made the rights from administrative decisions transferable, which should not be the case. The root of confusion is a lack of distinction between public and private law aspects of construction. Comparatively, coupling construction permit with a developer is traditional in the former Yugoslav countries. In countries that did not have a socialist period, public and private law aspects of construction are distinguished and construction permit is coupled with the land. This solution is an indication for future development of construction law in Serbia. |
| Databáze: | OpenAIRE |
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