PRESTANAK PRAVA SVOJINE

Abstract

The cessation of ownership right is one of the least discussed real law topics in our legal theory, which is the reason why the author has chosen it to be the subject of her analysis. In the first part of her work, the author states that the Law on the basis of ownership and proprietary relations does not regulate all the situations when ownership right ceases to exist and that numerus clausus principle does not apply to them. Then, the author explores the criteria for the classification of the methods for ceasing ownership right into various types, as well as analyzes different views on this matter that appear in legal theory. In the second part of the paper, the author reviews the classification of the methods for the cessation of ownership into complete and partial, while the third part is dedicated to relative and absolute methods for the cessation of ownership. She pays special attention to the analysis of the cessation of ownership as a result of property dilapidation and dereliction. In the fourth part of the paper, the author sums up all other methods for the ceasing of ownership which are not regulated by the Law on the basis of ownership and proprietary relations. In the concluding part, the author outlines the results of her investigation and gives recommendation for better regulation of this matter.