Specificatio in the Law of Real rights of the Republic of Srpska in the Light of the Roman Law

Aličić, Samir (2021) Specificatio in the Law of Real rights of the Republic of Srpska in the Light of the Roman Law. In: Izazovi pravnom sistemu. Pravni fakultet, Istočno Sarajevo, pp. 436-446. ISBN 978-99938-57-62-4

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Abstract

The object of this paper are the rules of the article 119 of the Law of Real Rights of the Republic of Srpska on specificatio, i. e. on the acquisition of property by change of species of a thing. These rules are subject to an ontological interpretation, in regard with the original context which they had in the Roman law, and are contrasted with the solutions of the comparative law. The scope of the paper is to offer interpretation of the text that would cover the situations that could appear in the legal praxis, and which are not explicitly regulated by the Law, and to offer possible solutions de lege ferenda.

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