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

    Kastriote Vlahna ,Hajredin Kuçi
    Keywords: Real law, registration of real rights, Kosovo legislation, European legislation. ,


    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.

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