LEGAL SERVICES RELATED TO TRANSACTION AND OWNERSHIP OF REAL ESTATE
PURCHASE AND SALE REAL ESTATE AGREEMENT
The law office provides services related to the drafting of contracts for the purchase and sale of real estate – apartments, houses, and land. As part of the contract drafting service, we also provide a service for checking documents related to real estate, we communicate with notaries public in order to harmonize the text of the contract and schedule an appointment for certification. If you are out of the country or otherwise prevented, on your behalf and for your account, our lawyers can certify the contract for you in the capacity of attorney at the competent public notary.
LEASE OF REAL ESTATE – BUSINESS SPACE OR APARTMENT
In addition to real estate transactions, you can also count on legal support in negotiations and concluding real estate lease contracts for legal entities and individuals. If you need office space, in agreement with real estate agencies or, directly with tenants or lessors, we will try to negotiate and find the best and most favorable solution for your business. We will translate the agreed conditions into a high-quality and comprehensive contract, which will protect you to a large extent from unforeseen circumstances that may occur during the lease period.
PROPERTY RIGHTS AND OTHER REAL RIGHTS
In short, we can define “a thing” as a material part of nature, suitable for constituting a property right (or another right) and which serves to satisfy human needs. The concept of things can be further divided into several divisions or categories. Movable and immovable, exchangeable and irreplaceable, things by gender and individual, estimable and inestimable, expendable and non-expendable, etc. One of the basic divisions of things is immovable and movable. This change carries with it perhaps the most legal consequences, depending on whether a thing falls under movable or immovable corporeal property rights. The concept of property should be distinguished from the concept of things. While a thing is a corporeal part of nature, as we said, the right of ownership is a subjective right to things (Ius ad rem). According to legal theory, the right to property manifests itself in three forms: right to possess – usus, right to bear fruit – fructus and right to sell/disposal – abusus.
Only the possession of all three rights at the same time means the so-called complete authority over things, while the absence of any of these rights leads to the so-called bare property (Nuda proprietas). The right to hold the thing (Ius possidendi) implies that the thing itself is in the factual possession of the holder of the property right. Otherwise, he will not be able to exercise this authority. The right to bear fruit (Ius fruendi) implies the authorization of the owner of the property right to use the thing and to collect income from it. Whether they are natural fruits (fruits from plantations or fields) or civil fruits in the form of rents, interest, etc. The right of disposal (Ius utendi) means that the owner can alienate the thing at any time. Real rights are in principle absolute, because they act towards everyone (Erga omnes). Absoluteness is reflected in the fact that the owner of the thing or the holder of some other property right has the right to assert a claim regarding the thing against anyone who threatens his right of ownership or other right as fructus. However, these rights are not unlimited. The effect of property rights is limited by other legal regulations, but also by the subjective rights of other persons. Therefore, material rights must be used in accordance with the law and without hindering other persons from exercising their powers.
CONCEPT OF REAL ESTATE
Those things that cannot be moved from one place to another, or moved, without being damaged in their constituent parts and appearance, are stationary. Which can be moved in their entirety, they are movable. Stationary things are things that we cannot move from one place to another without harming them, that is, without damaging them. However, the concept of immovable things in legal theory does not necessarily coincide with the concept of immovable property in positive law and in practice. Therefore, the immovable property law sees land (agricultural, construction, forest, and forest land), buildings (business, residential, residential-business, economic, etc.) and other construction objects, as well as special parts of buildings (apartments, business premises, garages, and garage spaces) where the separate title may exist. One of the most beautiful definitions of stationary things was given by law theorist Valtazar Bogišić: Things are, in the sense of the law, static, not only land, but everything permanent on earth, built, dug, planted, excavated, and cannot be given, without violating its integrity or essence, to transfer from one place to another. Under certain conditions, movable things can also be considered stationary, if they are an integral part of them, i.e. if such an accessory as well as the thing itself is held for an immovable thing. Also, the immovable property includes any movable thing that is attached to the main thing in such a way that it could not be separated from it without damaging the main thing.
LIMITATIONS ON PROPERTY RIGHTS ON REAL ESTATE
Although property right is in principle absolute and applies to everyone, it does not imply complete authority over things. On the contrary, many powers of the holder of property rights are limited by imperative norms and subjective rights of other persons. In this regard, the right of ownership of things must be exercised by the nature and purpose of the thing or through the prohibition of exercising the right of ownership contrary to the purpose for which the right of ownership was established or recognized by law. More precisely, the holder of property rights on immovable property is obliged to refrain from actions, i.e. to remove causes originating from his immovable property, which cause significant damage or which hinder the use of other immovable property (unpleasant smells, noise) more than it is usually appreciating the nature, purpose of the real estate and its location.
ACQUISITION OF PROPERTY RIGHTS TO REAL ESTATE
In order for the right of ownership to some immovable property to be acquired through a legal transaction, two conditions must be met. That there is a basis (iusta causa) and a method of acquisition (modus acquirendi). The basis is therefore the contract, while the modus acquirendi is fulfilled if the contract is drawn up in the appropriate form of solemnized document and the property is registered with the competent land register. In addition to acquisition based on a legal transaction, real estate can be acquired based on law and by inheritance.