Possession as an institute of civil law in Kosovo

Social interest and main aim of this paper is to introduce a proper problematic of this institute, given that after the war in Kosovo, numerous usurpations have occurred. A vast number of related cases are pending to be solved which at first impression seem to be unimportant. However, having such cases unsolved which are deliberately categorized as proceedings of an urgent need by the legislator, frequently resulted with serious consequences as well as commission of major crimes. Today, the approach that obstruction of possession is a factual power over an item prevails, which provides a legal contribution pursuant to law and enjoys civil-legal protection. A crucial legal contribution of possession is its court protection in case of obstruction by unlawful self-judgment. Possession also enjoys independent protection of a right over an item. Given that possession itself is not a right whatsoever, herewith we may conclude that obstruction of possession constitutes infringement of no rights. However, should the obstruction to possession is committed violently, such possession constitutes the right’s infringement provided that every violent act is unlawful, and thus it is correctly protected by an interdict claim