Pregledni rad

https://doi.org/10.32984/gapzh.13.1.4

How to Organize a Land Registry: State-Litigation or Non-Contentious Procedure?

Sanja Čović Jurčević orcid.org/0000-0002-1926-2831 ; Pravni fakultet Sveučilišta u Splitu, Split, Hrvatska

Sažetak

The paper presents the development and concept of the individual correction procedure from its adoption into the Croatian legislation in 1996 to the present, and gives an ongoing overview of the course of the procedure. Next, statistics of the situation in the land register departments of the Republic of Croatia are analysed in relation to the number of individual correction procedures initiated and resolved, and a possible projection for future development is given. Furthermore, the characteristics of the claim for determination are presented, depending on the method of acquisition of the right of ownership. It also critically considers the ways of regulating, i.e. aligning the land registry situation with the actual situation, by initiating individual correction proceedings as non-contentious and through litigation proceedings, all of which are supported by case law. This gives a broader picture of the issue in question, i.e. the unsettled land register situation on the territory of the entire Republic of Croatia, and points to the correct legal path of individual updating of the land register status by applying land registry law, that is, by initiating an individual correction procedure.

Ključne riječi

individual correction procedure, claim for determination, right of ownership, registration in the land registry, statistics of the work of land registry departments

Hrčak ID:

285384

URI

https://hrcak.srce.hr/285384

Datum izdavanja:

9.11.2022.

Podaci na drugim jezicima: hrvatski

Posjeta: 1.663 *