STVARI U PROMETU I STVARI VAN PROMETA U KONTEKSTU STICANjA SVOJINE OKUPACIJOM

Abstract

In this paper, the author conducts the analysis of one of the segments of the institute of occupation (appropriation) - the issue of the type of objects which could be the subject of this type of ownership acquisition. In order to introduce this topic to readers, in the first part of the paper the author first defines the concept of this institute and the conditions which make it possible. Starting from an indisputable point which is derived from the mere essence and the concept of occupation, that it can include only the objects which are unowned, i.e. which are no one’s property, in the following parts of the paper the author considers two questions. The first question is to what category of objects the unowned objects belong to, particularly reflecting on whether the objects, which are the subject of occupation, are the objects in transaction or the objects outside the transaction, which is the issue that has stirred up opposing arguments in legal theory. The second topic which the author addresses is the question of the category of objects that may be considered to be no one’s property. In the conclusion of the paper, the author sums up the results of her analysis.