In accordance with my authority under Annex 10 of the General Framework Agreement for Peace in Bosnia and Herzegovina, and Article XI of the Conclusions of the Peace Implementation Council held in Bonn on 10 December 1997, I herebyDECIDE
The Law on Amendments to the Law on Cessation of the Application of the Law on Abandoned Apartments, as hereby attached as an integral part of this Decision, shall enter into force as a law of the Federation of Bosnia and Herzegovina on 13 April 1999.
|14 April 1999||Carlos Westendorp|
Article 1In the Law on Cessation of Application of the Law on Abandoned Apartments (Official Gazette of FBiH 11/98). Article 2. paragraph 3 shall be replaced by the following paragraphs:
“Any occupancy right or contract on use made between 1 April 1992 and 7 February 1998 is cancelled (prestaje). A person who occupies an apartment on the basis of an occupancy right which is cancelled under this Article shall be considered a temporary user for the purposes of this Law.”
“A temporary user referred to in the previous paragraph who does not have other accommodation available to him/her has a right to a new contract on use to the apartment, if the occupancy right of the former occupant is cancelled under Article 5 of this Law or if a claim of the former occupant to repossess the apartment is rejected by the competent authority in accordance with this Law.”
“An occupancy right holder to an apartment as at 1 April 1992 who agreed to the cancellation of his/her occupancy right in exchange for another occupancy right which is cancelled under this Article is entitled to make a claim for repossession of his/her former apartment in accordance with this Law.”
Article 2In Article 3. paragraph 6 and 7 shall be deleted.
Article 3After Article 18. A new Article 18a shall be added:
“A person whose occupancy right was cancelled under Article 2 of this Law, who spent his/her personal funds on necessary expenses for the apartment, shall be entitled to recover those funds from the previous occupancy right holder under the Law on Obligations (Official Gazette SFRJ, 29/78 and 39/85. Official Gazette RBiH 2/92, 13/93 and 13/94). Proceedings under the Law on Obligations may be commenced from the date when the previous occupancy right holder regains possession of the apartment.”