Ss Cyril and Methodius University in Skopje, Faculty of Law Iustinianus Primus, Skopje
Abstract
The right to a long-term lease was introduced in the Macedonian propertylaw system for the first time by a subject-specific law - the Construction Land Actof 2001. Since then, the right to a long-term lease has remained a part of everyConstruction Land Act that followed up to the most recent one - the ConstructionLand Act of 2015. The regulation of the right to a long-term lease in theConstruction Land Act is mostly based on the regulation of the so-called right tobuild found in the Slovenian Property Code and the Croatian Ownership and OtherReal Rights Act. In the respective legal systems, the so-called right to build isundoubtedly regulated as a right in rem since it is found in property and ownershipacts. However, In the Macedonian legal system, the right to a long-term lease wasnot incorporated in the Ownership and Other Real Rights Act of 2001. This raisedthe question of whether or not it could be considered a right in rem. By exploringthe origins, the regulation pertaining to the right to a long-term lease, itscharacteristics, and the reasons for its incorporation in the Macedonian propertylaw system, this paper aims to demonstrate that the right to a long-term lease is bynature a right in rem
