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Case Law

Property Law in the Case Law of Montenegro

The normative regulation of property rights in Montenegro: ownership rights, limited real rights and the legal regime of movable and immovable property – in the decisions of Montenegrin courts

Additional information

Materials in the case law section are prepared using automated data processing algorithms and undergo manual validation. For legally binding actions, we strongly recommend consulting official publication sources.

489 decisions found
Open document
Property Law·Ownership and Property Rights
Decision

Constitutional complaint

Violation of rights under Art. 32, 58 and 60 of the Constitution, Art. 6 para. 1 of the European Convention and Art. 1 of Protocol 1

Result:Rejected·Left unchanged

Subject of review:Constitution of Montenegro: Art. 32, 58, 60: Art. 6: Art. 1
Decision under review:Gž. br. 513/22P. br. 118/21
Open document
Property Law·Ownership and Property Rights
Decision

Constitutional complaint

Violation of the right under Article 32 of the Constitution and Article 6 paragraph 1 of the European Convention

Result:Rejected·Left unchanged

Subject of review:Constitution of Montenegro: Art. 32, 6
Decision under review:Rev. br. 885/21Gž. br. 1532/21-14P. br. 777/19/14
Open document
Property Law·Ownership and Property Rights
Decision

Constitutional complaint

Violation of rights under Art. 32 and 58 of the Constitution, Art. 6 of the European Convention and Art. 1 of Protocol 1

Result:Rejected·Left unchanged

Subject of review:Constitution of Montenegro: Art. 32, 58, 6, 1
Decision under review:P. br. 665/18Gž. br. 2152/21-18Rev. br. 738/21
Open document
Property Law·Ownership and Property Rights
Decision

Constitutional complaint

Violation of rights under Articles 17, 19, 32 and 58 of the Constitution, Article 6 of the European Convention and Article 1 of the Protocol to the Convention

Result:Rejected·Left unchanged

Subject of review:Constitution of Montenegro: Art. 17, 19, 32, 58: Art. 6, 1
Decision under review:Rev. br. 1125/21Gž. br. 14/21-18P. br. 1716/20
Open document
Property Law·Ownership and Property Rights
Decision

Constitutional complaint

Violation of rights under Art. 19, 32 and 58 of the Constitution, Art. 6 para. 1 of the European Convention and Art. 1 of Protocol 1

Result:Rejected·Left unchanged

Subject of review:Constitution of Montenegro: Art. 19, 32, 58, 6, 1
Decision under review:Gž. br. 5547/20Rev. br. 836/21
Open document
Property Law·Ownership and Property Rights
Decision

Constitutional complaint

Violation of rights from Art. 57, 58, 148 and Art. 151 para. 2 of the Constitution, Art. 13 and 14 of the European Convention and Art. 1 of Protocol 12

Result:Rejected·Left unchanged

Subject of review:Constitution of Montenegro: Art. 57, 58, 148, 151: Art. 13, 14: Art. 1
Decision under review:Rev. br. 144/22Gž. br. 1345/21P. br. 150/20
Open document
Property Law·Ownership and Property Rights
Decision

Constitutional complaint

Violation of rights under Articles 19, 32 and 58 of the Constitution, Articles 6 and 13 of the European Convention and Article 1 of Protocol 1

Result:Rejected·Left unchanged

Subject of review:Constitution of Montenegro: Art. 19, 32, 58, 6, 13, 1
Decision under review:Rev. br. 934/21Gž. br. 476/20
Open document
Property Law·Ownership and Property Rights
Decision

Constitutional complaint

Violation of rights from Art. 32 and 58 of the Constitution, Art. 6 para. 1 of the European Convention and Art. 1 of Protocol 1

Result:Rejected·Left unchanged

Subject of review:Constitution of Montenegro: Art. 32, 58: Art. 6: Art. 1
Decision under review:Rev. br. 71/22
Open document
Property Law·Ownership and Property Rights
Decision

Constitutional complaint

Violation of rights under Art. 8, 20, 32, 58 and 59 of the Constitution, Art. 6 para. 1, Art. 13 and 14 of the European Convention and Art. 1 of Protocol 1

Result:Rejected·Left unchanged

Subject of review:Constitution of Montenegro: Art. 8, 20, 32, 58, 59: Art. 6, 13, 14: Art. 1
Decision under review:Uvp. br. 376/23U. br. 1140/21
Open document
Property Law·Ownership and Property Rights
Decision

Constitutional complaint

Violation of rights from Art. 17, 19, 32, 58 and 118 of the Constitution, Art. 6 para. 1 of the European Convention and Art. 1 of Protocol 1

Result:Granted·Set aside and remanded

Subject of review:Constitution of Montenegro: Art. 17, 19, 32, 58, 118: Art. 6: Art. 1
Decision under review:Už-Rev.br. 1/2020
Open document
Property Law·Ownership and Property Rights
Decision

Constitutional complaint

Violation of rights from Art. 32 and 58 of the Constitution, Art. 6 para. 1 of the European Convention and Art. 1 of Protocol 1

Result:Rejected·Left unchanged

Subject of review:Constitution of Montenegro: Art. 32, 58: Art. 6: Art. 1
Decision under review:Rev. br. 144/23Gž. br. 1819/21Rs. br. 181/21
Open document
Property Law·Ownership and Property Rights
Decision

Constitutional complaint

Violation of rights under Articles 32 and 58 of the Constitution, Article 6 paragraph 1 of the European Convention and Article 1 of Protocol 1

Result:Rejected·Left unchanged

Subject of review:Constitution of Montenegro: Art. 32, 58: Art. 6: Art. 1
Decision under review:Rev. br. 716/22
Open document
Property Law·Ownership and Property Rights
Ruling

Constitutional complaint

Violation of rights under Art. 32 and 58 of the Constitution, Art. 6 of the European Convention and Art. 1 of Protocol 1

Result:Dismissed

Decision under review:Gž. br. 4774/24P. br. 865/21
Open document
Property Law·Ownership and Property Rights
Decision

Constitutional complaint

Violation of rights from Art. 8, 32 and 64 of the Constitution, Art. 6 para. 1 and Art. 14 of the European Convention

Result:Rejected·Left unchanged

Subject of review:Constitution of Montenegro: Art. 8, 32, 64: Art. 6, 14
Decision under review:Rev. br. 94/21
Open document
Property Law·Ownership and Property Rights
Ruling

Constitutional complaint

Violation of rights under Art. 32, 58 and 60 of the Constitution, Art. 6 para. 1 of the European Convention and Art. 1 of Protocol 1

Result:Discontinued

Decision under review:Rev. br. 480/21Gž.br. 1278/20-16P. br. 493/18