Apstrakt: Novo stvarnopravno uređenje koje je uspostavio Zakon o stvarnim pravima Republike Srpske donijelo je korjenite promjene. Ovaj zakon, koji predstavlja temelj daljeg razvoja privatnog prava, ima izuzetan značaj, jer je pretendovao da na jednom mjestu reguliše sva pitanja koja su značajna za stvarnopravne odnose koji se moraju uskladiti sa novim odnosima u društvu i procesom tranzicije sistema. Osnovna namjera zakonodavca bila je da se pravni poredak Republike Srpske u ovoj oblasti vrati u kontinentalnoevropski pravni krug, gdje građansko (privatno) pravo zauzima centralno mjesto. Autor u radu analizira najznačajnije novine koje taj zakon donosi.
Ključne riječi: stvarno pravo, tranzicija, svojina, reforma.
Summary: Proprietary law of Republika Srpska finally made codification of the proprietary right and its reintegration within continental European sphere. New law is of great importance owing to the fact that the law aspires to legalize all issues related to the proprietary relationship and have to be adjusted to the new relations in the society and transitional process as well. It’s obvious that the reform of the ownership structure is crucial point in the transformation process. New proprietary organizational structure contributed a lot to significant changes. Along with other things, proprietary law, especially ownership right is based on the individual model, the lawful unity of the real estate property is reestablished and the old Roman maxim superficies solo credit was brought back, with the special attention given to the pledge law that plays an important role in contemporary market-oriented economy. New institutes such as (construction right) regulate the neighboring rights and rights of individual usufruct and the right of valid load along with the changed concept of condominium property. The most important point, perhaps, is the fact that it has been established the system of transformation of the public (state) property into private property. In order to understand those radical changes it’s necessary to know the former structure which was regulated with the Proprietary law in former SFRJ dated from 1980. (Which was also applied in Republika Srpska) based on the Constitution of SFRJ from 1974.and the Law of associated labor from 1976, and some other earlier regulations which introduced public (state-owned property) as the basic values of the former social structure. Property relations affects the social and economical situation a great deal in any country, and it’s clear that that the new Proprietary law should have an important role in the process of transition and it should also help to achieve a goal of setting up a lawful safety in Republika Srpska and Bosnia and Herzegovina in general. Alteration of the proprietary relations is hard and long lasting process and primary task is reaffirmation of the civil lawful significance which will contribute a lot to harmonization of that law with the lawful systems of highly-developed European countries.
Key Words: proprietary law, transition, ownership, reform.