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An Entry of the Tenant Ownership (Ownership of a Separate Part of Real Property) into the Land Register (Paying a Special Attention to Entries Executed Prior to the Law on Ownership and other Property Rights Entering into Force, Dilemmas and Issues in Practice)

Damir Kontrec ; Županijski sud u Varaždinu


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Abstract

An entry of tenant ownership raises numerous issues in land-registry court practice in the Republic of Croatia. For the most part, issues are raised in cases of entries of the tenant ownership over buildings built before the Law on Ownership and other Property Rights, that is Law on Land Registers entering into force. New legal solutions, especially renewed introduction of the principle of real estate legal unity, have caused alterations in tenant ownership regulation and its entry into the land registers. The article deals with the issue on tenant ownership entry into the land register presenting an overview of legal acts regulating this issue starting from the mid-20th century up to now. A special attention has been given to issues raised in land-registry court practice in procedures of tenant ownership entry and procedures of joining the land register and register of deposited contracts. Moreover, it has also been pointed at possible modes of harmonisation of previous tenant ownership entries and the existing legal solutions regulating the entry of ownership of a separate part of real property into the land register.

Keywords

tenant ownership; entry into the land register

Hrčak ID:

52640

URI

https://hrcak.srce.hr/52640

Publication date:

10.4.2009.

Article data in other languages: croatian

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