Possession of rights in Serbian legal system

Possession of rights in usually defined in legal theory as a narrow, partial and factual power over things, which corresponds in its scope to some right that is narrower than ownership. As opposed to an owner, who possesses a thing enjoying thereby the full legal power over things vested in ownership rights, possession of a right is vested in a possessor who exercises certain right that is narrower in its essence than the right of ownership. Possession of rights is therefore a factual performance of the essence of certain right deducted from the ownership right. The Law on Foundations of Property Law Relations of 1966 accepted the German notion of possession of rights and narrowed the one arising from the Roman tradition down to the possession of right to an According to the article 70, para. 3 A person shall have possession of the right to an easement when directly using the property of another to a degree conforming to the content of such easement. All other forms of possession of a right, which were treated as such in our prewar legal theory, are now justifiably considered as possession over a thing (either direct or constr uctive). Within the legal theory, there are confronted views on the nature of the possession of rights, which go to the extent that it is deemed an unnecessary notion. In our opinion, possession of rights is necessary since it completes in essence the notions of direct and constructive possession, and it absorbs all those cases which may not be regulated as issues of direct and constructive possession.