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DPM Pažin: Government is obliged to raise issue of legal validity of registration of some religious facilities in cadastre

Published on: Dec 23, 2019 • 7:00 PM Author: PR Service
Podgorica, Montenegro (23 December 2019) -- Deputy Prime Minister Zoran Pažin said today that the Government is obliged to raise the issue of legal validity of registration of some religious facilities in the cadastre of immovable property. 

When it comes to the way in which the Serbian Orthodox Church was recorded in cadastral register in the 1990s, it is not necessary to create mystification. In order for one to invoke his property right, which is an erga omnes entitlement, it is an absolute right, two conditions must be met cumulatively: one is the existence of justus titulus. This may be a contract of sale, a gift contract, it may be the inheritance act, it may be a decision of a state authority or a court decision. In addition, the second ground of entry in cadastral register must be fulfilled. If one of these two cumulative conditions is missing, then the legal order simply has to raise the issue of the legal validity of such registration. This is thus the case in both the previously existing legal system and the current legal system. Therefore, there is no ill intention especially not towards any religious community, in this particular case towards the Church. But there is a need for legal certainty. It is a constitutional obligation of the Government in which the Government must persevere. Legal certainty is the most important aspect of the rule of law," Deputy Prime Minister and Minister of Justice Zoran Pažin said regarding the Draft Law on Freedom of Religion and Belief and Legal Status of Religious Communities at a session of the Assembly Committee on Human Rights and Freedoms.



PUBLIC RELATIONS SERVICE OF THE GOVERNMENT OF MONTENEGRO 

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