Legal significance and protection of possession in the Republic of Macedonia

Belovski, Vojo and Majhosev, Andon and Mustacki, Dragan (2015) Legal significance and protection of possession in the Republic of Macedonia. (JPMNT) Journal of Process Management – New Technologies, International, 3 (2). pp. 80-89. ISSN 2334-7449 (Online)

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12. LEGAL SIGNIFICANCE AND PROTECTION OF POSSESSION IN THE REPUBLIC OF MACEDONIA.pdf

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Abstract

In this paper it will be discussed the legal significance and protection of possession in the Republic of Macedonia. Below it will be listed the kinds of possession, and finally the rules for possession termination will be explained. The possession is an indicator that the person who rules one item is also a right holder of that item. The possession itself occurs in two types specially authorized by a law and pure factual power behind which stands no right. The possession enjoys legal protection. Below in the paper it is processed the judicial protection of the possession which is given based on complaint for disturbance of possession and action to recover the possession. The important thing at the judicial protection is that the rulers’ protection is given to the last actual possession of the item, but it is not disputed the right of possession. Further in this paper it is included the protection of indirect possession where a complaint can be made by the indirect holder of the item, the judicial protection of possessory, possession protection of the heirs and permitted self – help for unauthorized harassment and revoking of the possession. With respect to the termination of the actual power of the item, listed and processed are the ways when the item failed, when the item was lost, when it is obvious that it won’t be returned, when the ruler had freely left it and when the item is not taken from him and the ruler hasn’t realized the right to possession. Key words: property, ruler, complaint, item,

Item Type: Article
Subjects: Social Sciences > Law
Divisions: Faculty of Law
Depositing User: Andon Majhosev
Date Deposited: 04 May 2015 08:18
Last Modified: 04 May 2015 08:18
URI: http://eprints.ugd.edu.mk/id/eprint/13083

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