The legal nature of right to build in Macedonian legislation - Legal transplant from the legal systems of EU Countries

Abstract

The paper analyzes the regulation of the right to build in Macedonian laws. The goal is to examine how the existing laws and regulations reflect the legal nature of the right to build and the consequences of it for investors and all other involved parties in the real estate market. The subject of the analysis is primarily the provisions of the basic Law on Ownership and Other Real Rights, the Law on Construction Land, and the Law on Construction all containing partial regulation concerning the right to build. As the paper will demonstrate, the legal nature of the right to build is determined by the provisions in these laws and it is significantly different from the nature of the right to build found in the laws of countries member of the EU (the Property Code of R. Slovenia, the Law on Ownership and Other Real Rights of R. Croatia). The main difference between the Macedonian right to build compared to the right to build regulated in the legal systems of EU countries is the fact that Macedonian laws do not treat this right as a real right. Due to this significant difference, the regulation concerning the right to build that was transplanted from the legal systems of EU countries in various Macedonian special laws is incompatible and has a disruptive effect on the cohesion of the Macedonian legal system. By examining the legal nature of the Macedonian right to build and explaining its practical effects the paper aims to aid in finding appropriate legal solutions viable to overcome the problems in the transfer and exercise of the right to build.