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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. 7, 8, 17, 20, 32 and 57 of the Constitution, Art. 6, 13 and 14 of the European Convention and Art. 14 of Protocol 12

Result:Rejected·Left unchanged

Subject of review:Constitution of Montenegro: Art. 7, 8, 17, 20, 32, 57: Art. 6, 13, 14: Art. 14
Decision under review:P-Rev. br. 71/22Gž. br. 2386/21
Open document
Property Law·Ownership and Property Rights
Ruling

Constitutional complaint

Violation of rights under Articles 32 and 58 of the Constitution and Article 1 of Protocol 1

Result:Dismissed

Decision under review:Uvp. br. 155/23U. br. 5321/20
Open document
Property Law·Ownership and Property Rights
Decision

Constitutional complaint

Violation of rights under 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. 579/20Gž. br. 1162/19P. br. 2887/14
Open document
Property Law·Ownership and Property Rights
Decision

Constitutional complaint

Violation of rights from Art. 17, 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. 17, 19, 32, 58: Art. 6: Art. 1
Decision under review:Rev. br. 836/20
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, 6, 1
Decision under review:Rev.br. 447/20Gž. br. 6205/19
Open document
Property Law·Ownership and Property Rights
Decision

Constitutional complaint

Violation of rights from Art. 19, 20, 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, 20, 32, 58: Art. 6: Art. 1
Decision under review:P. br. 1252/14-13Gž. br. 5212/19-13Rev. br. 264/21
Open document
Property Law·Ownership and Property Rights
Decision

Constitutional complaint

Violation of the right under Article 58 of the Constitution and Article 1 of Protocol 1

Result:Rejected·Left unchanged

Subject of review:Constitution of Montenegro: Art. 58, 1 Protokola 1
Decision under review:Rev. br. 913/20Gž. br. 4838/19-2P. br. 677/17-3
Open document
Property Law·Ownership and Property Rights
Decision

Constitutional complaint

Violation of rights under Articles 8, 17, 19, 32 and 58 of the Constitution, Article 6 of the European Convention and Article 1 of Protocol 1

Result:Granted·Set aside and remanded·Violation of rights found·Compensation awarded

Subject of review:Constitution of Montenegro: Art. 8, 17, 19, 32, 58, 6, 1 Protokola broj 1
Decision under review:Uvp. br. 821/18U. br. 3711/17
Open document
Property Law·Ownership and Property Rights
Decision

Constitutional complaint

Violation of rights from Art. 20, 32 and 58 of the Constitution, Art. 6 para. 1 and Art. 13 of the European Convention and Art. 1 of Protocol 1

Result:Rejected·Left unchanged

Subject of review:Constitution of Montenegro: Art. 20, 32, 58: Art. 6, 13: Art. 1
Decision under review:Uvp. br. 879/21
Open document
Property Law·Ownership and Property Rights
Decision

Constitutional complaint

Violation of rights from Art. 17, 21, 32 and 58 of the Constitution, Art. 6 para. 1, Art. 13 and 14 of the European Convention and Art. 1 of Protocol 1

Result:Partly granted·Left unchanged·Violation of rights found

Subject of review:Constitution of Montenegro: Art. 17, 21, 32, 58: Art. 6, 13, 14: Art. 1
Decision under review:Uvp. br. 377/21
Open document
Property Law·Ownership and Property Rights
Decision

Constitutional complaint

Violation of rights under Art. 17, 19, 20, 32 and 58 of the Constitution, Art. 1, 6 and 13 of the European Convention, Art. 1 of Protocol 1, Article 3 of the Universal Declaration of Human Rights and Article 6 of the International Covenant on Civil and Political Rights

Result:Rejected·Left unchanged

Subject of review:Constitution of Montenegro: Art. 17, 19, 20, 32, 58: Art. 1, 6, 13: Art. 1
Decision under review:Gž. br. 2184/20