THE RIGHT OF FOREIGNERS TO ACQUIRE IMMOVABLE PROPERTY IN REPUBLIC OF SERBIA

Abstract

The right of foreigners to acquire the right of ownership over immovable property, whether inter vivos or mortis causa, in the comparative legal regulations predominantly belongs to the regime of relatively reserved rights. The range of restrictions regarding the acquisition of property rights is differently defined and mostly concerns the setting of conditions in the form of residence in the domestic territory, reciprocity, special permits or exemptions from the possibility of acquiring property on immovable property located in a certain part of state territory. The process of European integration and the strategic determination of the candidate countries to join the European Union impose an obligation on the states to harmonize their legal regulations in this matter with the law of the European Union. Harmonization of regulations can be seen as their liberalization, ie equalization of the status of foreigners and domestic citizens in terms of acquiring property rights on immovable property in order to liberalize the real estate market dictated by the freedoms on which the European Union is based: free movement of goods, persons, services and capital.