УВОЂЕЊЕ И ОБНАВЉАЊЕ ЗЕМЉИШНИХ КЊИГА
INTRODUCING AND REAFFIRMING LAND REGISTERS

Summary/Abstract: Public registers of immovable property are indispensable for the realization of the publication of immovable rights. Land registers (Grundbuch), as one type of public real estate registers, have evolved in Austria and Germany and are still considered one of the best registration systems ever. Basic differences between the land registry system and the system of unified records are found in relation to (non)separation of factual and legal records, to the authorities in charge of keeping records, and to the way these authorities act. The land registry-office system is based on separating cadastre, as factual, and land register, as legal record of immovables, primarily due to a different purpose of factual and legal records. Besides the factual records, the cadastral survey comprises also legal records through the system of unified records. Land registers are kept in the court as a body more appropriate to decide on immovable property rights, which is reflected in judicial independence, judicial proceedings, trust in courts, etc., and which also stems from the very nature of it. The unified records are kept by administrative bodies that apply administrative procedure, which gives less guarantee for impartiality and correctness of decisions than court proceedings, particularly when the state is one of the disputing parties. The authority of these bodies is hierarchical and having in mind their nature, they should not make decisions on civil law relations. A deed is recorded in a land registry office, with few exceptions, upon the request of a title holder, while within the unified records system it is recorded ex officio. Divergence of the unified record system form the rules laid down by land law cannot be brought into accordance with the fundamental civil law principles. As the unified record system turned out to be a failure, there should be enacted a new, contemporary law on land registers aimed at reaffirming them.

• Details
• Contents