Presumptions for Acquisition of Right to Build


  • Muhamed Lišić L.L.M. of Law sciences, lawyer from Brcko District


The right to build as a legal phenomenon from time to time leads to the need to analyze how existing solutions or solutions are subsequently imposed by special regulations on right to build. All of this stems from the premise that the right to build is a dynamic category that changes according to social needs in social and economic terms, which necessarily results in its legal adaptation. Such processes, through which the right of construction passes, undergoe the traces which have the need to be re-examined and analyzed as a phenomenon from the aspect of legal theory and practice. Therefore, the aim of this paper is to address the segment that essentially has the presumptions for the acquisition of right to build, which arise from the causal legal relationship underlying the right to build.
Presumptions for the acquisition of right to build are determined for the basic hypothesis, which will be elaborated by analysis and critical review of individual cases, and an explanation of the legal phenomenon regarding the presumptions for the acquisition of right to build, using the theoretical-normative method or the deductive-inductive method with the aim of clarification of the problem of legal presumptions in the emergence of right to build. In addition, a comparative or abstract method was used in explaining the facts as the premise of the determination and nature of the presumptions for acquisition the right to build.