THE LEGAL NATURE OF THE RIGHT TO A LONGTERM LEASE

Апстракт

The right to a long-term lease was introduced in the Macedonian property
law system for the first time by a subject-specific law - the Construction Land Act
of 2001. Since then, the right to a long-term lease has remained a part of every
Construction Land Act that followed up to the most recent one - the Construction
Land Act of 2015. The regulation of the right to a long-term lease in the
Construction Land Act is mostly based on the regulation of the so-called right to
build found in the Slovenian Property Code and the Croatian Ownership and Other
Real Rights Act. In the respective legal systems, the so-called right to build is
undoubtedly regulated as a right in rem since it is found in property and ownership
acts. However, In the Macedonian legal system, the right to a long-term lease was
not incorporated in the Ownership and Other Real Rights Act of 2001. This raised
the question of whether or not it could be considered a right in rem. By exploring
the origins, the regulation pertaining to the right to a long-term lease, its
characteristics, and the reasons for its incorporation in the Macedonian property
law system, this paper aims to demonstrate that the right to a long-term lease is by
nature a right in rem.