DERIVATIVE ACQUISITION OF REAL RIGHTS IN MACEDONIAN CONTEMPORARY LAW

Abstract

Subject of analysis in this paper is the derivative acquisition of real rights in Macedonian contemporary law. The paper is based on the widely accepted stand in civil doctrine that civil law rights (real rights, obligations) could be acquired ether originally or derivatively. With respect to the types of acquisition of rights, the paper underlines that the basic difference between original and derivative acquisition is found in the will required for the acquisition to take place. Original acquisition requires solely the will of the person acquiring the right, accompanied with fulfillment of the legal requirements for the acquisition to be completed. The derivative acquisition on the other hand requires the consent of both parties (predecessor and successor) in order for the acquisition of rights to be completed.  

Basic purpose of this paper is to analyze and demonstrate how novelties in current laws (Law of Ownership and Other Real Rights, Law of Real Estate Cadastre, Law of Notary Publics, Law of Construction, Law of Construction Ground and etc.) have influenced the derivative acquisition of real rights. Subject of analysis are novelties implemented in the last decade until 2019 that have had a significant impact in the derivative acquisition of real rights, especially real rights on real estate. These novelties influenced the form of legal transactions for acquiring of real rights, the moment of acquisition of such rights, type of movable and immovable tings object of real rights, legal nature of real rights and etc. This paper also analyses the collision of rights that occurs during the derivative acquisition, and causes many legal disputes before Macedonian courts. With respect to collision of rights, the paper aims to offer solutions derived from current laws, but also advocates for necessary amendments of the current laws.