Review article
https://doi.org/10.30925/zpfsr.38.1.17
SUIT FOR CANCELATION - PROTECTION OF LAND RIGHTS
Dinka Šago
orcid.org/0000-0002-2957-2761
; Faculty of Law University of Split, Split, Croatia
Zrinka Radić
; Municipal Court of Split, Split, Croatia
Abstract
The holder of a registrable right which has been infringed by the entry in favour
of another person shall be authorised, in order to protect his right, to request the
cancellation of all entries that infringe his rights and the establishment of the former
land registry status (cancellation claim), as long as the facts on the basis of which
his registrable right should terminate anyway become effective, unless otherwise
stipulated by law.
Is it truly a registration (of other) of land rights in favor of a person established
or not, it is precisely the subject of a proceeding initiated by the cancellation suit. This
question shall be competently responded by the court in litigation. In fact, if it turns
out, contrary to the holder’s claim, that the registration of the second land right was
founded, there shall be no provision of legal protection in the form of cancellation of
this second right. The rules on the registration of dispute shall apply to the recordation
of a cancellation claim. The person who has requested the issuance of the recordation
of a cancellation claim and has, without a justifi ed reason, failed to submit such claim,
shall be responsible for the damage incurred to the person in whose favour the entry
has been made.
Keywords
suit for cancelation; land registration procedure; the holder of a registrable right; registration; recordation
Hrčak ID:
178179
URI
Publication date:
10.3.2017.
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