What is statehood?
Ownership of property is held by any person who directly exercises factual authority over property (immediate ownership). Ownership of a thing is also owned by a person who exercises de facto authority over things through another person, to whom, on the basis of a usufruct, agreement on the use of an apartment, lease, custody, service or other legal business, he gave the thing to the immediate state (intermediate state). The state is lost when the holder ceases to exercise de facto authority over things.
How is ownership protected?
Every holder of things and rights has the right to protection from harassment or confiscation of state property (disturbance of state property). The citizen has the right to self-help against the person who disturbs him in the state without authorization or who has taken it away from him, provided that the danger is immediate, that self-help is necessary and that the way of performing it corresponds to the circumstances in which there is danger. Judicial protection against harassment, i.e. confiscation of state property, can be sought within 30 days from the date of knowledge of the disturbance and the perpetrator, and no later than within one year of the disturbance (dispute due to state disturbance).
What are the characteristics of state interference disputes?
The court provides protection according to the last state of the state and the resulting nuisance. Discussing the right to the state, the legal basis, the conscientiousness of the state or requests for compensation is excluded. The procedure is urgent, simplified and deadlines are shorter. When it issues a decision regarding the request for protection from interference with state property, the court orders a ban on further disturbance of state property, under the threat of a fine, i.e. return of seized state property, as well as other measures necessary for protection against further interference.
What are the most common cases of state interference in practice?
The most common cases of interference by the state in practice are: changing the lock on the door, as a result of which the owner or tenant cannot enter, unloading materials on the plot, and the like.
Danilo Babić- attorney at law Novi Sad
