A summary of basic principles

Article 1 of Additional Protocol No. 1 to the ECHR and Article II.3(k) of the BiH Constitution protect only the existing ownership and similar legal status although in principle they do not protect the right to acquire a property.¹⁷⁶¹ However, Article 1 of Additional Protocol No. 1 to the ECHR includes “legitimate expectations” to acquire a property if they are based on an applicable administrative act or administrative legal regulations.¹⁷⁶² Therefore, the “legitimate expectations” mean that a person can prove that he/she is entitled to the proprietary legal status he/she claims based on a legal act. The term “property” includes a wide range of proprietary interests representing an economic value.¹⁷⁶³ This term should not be interpreted in a restrictive manner. Moreover, the notion of ownership includes all property rights which represent an economic value¹⁷⁶⁴ even if they are not classified as civil rights¹⁷⁶⁵ according to the national legislation or ownership rights.¹⁷⁶⁶ A temporary right which has an economic value can constitute property within the meaning of Article 1 of Additional Protocol No. 1 to the ECHR.¹⁷⁶⁷ However, socially owned property allocated for use does not constitute property.¹⁷⁶⁸ Both the legal position in rem and legal position in personam can be considered as property within the meaning of Article 1 of Additional Protocol No.1 to the ECHR even if there is a lack of clarity relating to its existence.¹⁷⁶⁹ As to the in rem legal position, in order for a right to fall under the scope of protection, it may be necessary to prove the existence of just title (iustus titiulus), or the ownership should be based on the permanent indisputable possession and use.¹⁷⁷⁰