Property rights with special emphasis on the right of servitude according to the legislation in Kosovo with a comparative view with some European countries

Abstract

Property rights as civil rights have a special importance both now and in the past. The importance of property rights is always important, as the subjects of law constantly deal with legal relations that have as their object real rights. Among the real rights that are taxatively enumerated by the law of Kosovo on property and real rights are: the right of ownership, the right of servitude, the right of pledge (mortgage), the right of real estate and the right of construction. Almost the same real rights are enumerated by the legislations of European countries such as the legislation of Germany, Austria, France, etc. When it comes to property rights, in the legislation of Kosovo is regulated more widely the right of ownership, unlike other rights e.g. the right of servitude is not regulated by legislation as much as the right of ownership. Unlike the legislation of Kosovo, European countries have well-defined real rights in their legislation. E in the same way they should be defined in the legislation of Kosovo. Therefore, based on these data, I emphasize that the paper contains the treatment of property rights under the legislation of Kosovo and also a comparison with some of the European countries, seeing the notion of real rights with special emphasis on the right of servitude, and that focused on the notion of the acquisition, protection and extinction of these rights.