Review article
https://doi.org/10.30925/zpfsr.46.1.12
Usucapion in the Context of an Individual Correction Procedure – Echoes of a Review Decision by the Supreme Court of the Republic of Croatia
Zinka Bulka
; County Court in Velika Gorica
*
Josip Dešić
orcid.org/0000-0001-9679-798X
; University of Rijeka, Faculty of Law
* Corresponding author.
Abstract
The paper examines whether usucapion can be a legitimate ground for initiating an individual correction procedure. Specifically, an individual correction procedure is often a one-sided process (notification to the opposing party is not personal but ordinary), lacks an adversarial nature or has a significantly reduced adversarial nature, and relies on establishing facts based on a probability standard. Since the individual correction procedure consists of two stages, the paper discusses whether usucapion alone can be a sufficient reason for opening an individual correction procedure (without submitting an adequate deed to establish the applicant’s registered right on a probability basis). It also explores whether, and if so, by what evidence usucapion can be determined in the second part of the process. Additionally, it examines the relationship between the individual correction procedure and civil litigation for determining ownership rights. Throughout, consideration is given to the fact that, as a non-contentious process, the individual correction procedure allows the court inquisitorial powers.
Keywords
individual correction procedure; usucapion; non-contentious proceedings; land registers
Hrčak ID:
330044
URI
Publication date:
15.4.2025.
Visits: 799 *