Full text of the paper:
Proceedings of the Faculty of Law, Novi Sad
2025, vol. LIX no. 1, p. 1-21
working language: Serbian
Review paper
347.214 347.2
doi:10.5937/zrpfns59-57620
Author:
Dušan Nikolić
University of Novi Sad
Faculty of Law in Novi Sad
d.nikolic@pf.uns.ac.rs
ORCID ID: 0000-0003-1850-9684
Summary:
For a long time, the theory was dominated by the opinion that immovable things are those that cannot be moved from one place to another without damaging their essence, and that movable things are their opposite. Scientific achievements and technical-technological progress have made that traditional understanding anachronistic. Of essential importance for immovable property is not the possibility of physical transfer, but the determination of its place, that is, its location (lat. locus).
The current level of social development and legal science corresponds to the opinion that immovable things in the sense of property law are those that are permanently located on a precisely determined part of the surface of the planet Earth and which are considered immovable by law. In contrast, movable things are non-stationary, those whose position does not have to be exact, or even determined at all, in order to be the object of property rights, legal transactions, etc.
In this paper, special attention is paid to land with a variable position, such as landslides and free-floating islands.
Keywords:
real right; division of things; real estate; moving things; land plots; GPS; free floating islands.