Reversion in the context of right to build

• Main Author: Lišić Muhamed Š.
• Format: Article
• Language: English
• Published: Institute of Comparative Law, Belgrade 2019-01-01
• Series: Strani pravni život
• Subjects: reversion; right to build; heritable building right; building; reversionary claim
• Online Access: https://scindeks-clanci.ceon.rs/data/pdf/0039-2138/2019/0039-21381902071L.pdf
• ISSN: 0039-2138; 2620-1127

This paper examines the institution of the reversion from the angle of German and Swiss law in the context of the right to build. The study of this problem points to the complexity known by German or Swiss law regarding the reversion of the right to build. This primarily refers to the structure and content of the right to build, which, according to the concept developed in German law, differs from the well-known models of rights to build in Swiss law. In such an environment, full of facts and evidence, a reversion analysis has been made, as presented in this paper, based on well-known reversion theories, through developed case law and practice of contracting rights to build in German and Swiss law. On the other hand, the work also dealt, in a small segment, with the problem of reversion in Serbian law. First of all, this was taken into account in the early termination of right to build in the manner as foreseen in the rules on right to build in the Preliminary Draft Civil Code of the Republic of Serbia. Consequently, the conclusion was drawn that the reversion, as a sanction against the owner of the right to build, in case of violation of contractual obligations, is realized by transferring the right to build from the holder to the land owner. By acquiring one person in the role of landowner and landholder, the right to build is not extinguished due to the unification; of course, it exists as a property right to build, which is permitted in German and Swiss law, as provided de lege ferenda in the law of Serbia.