Публичност на вписването по българското вещно право
Publicity of registration under Bulgarian property law
Author(s): Ivaylo VasilevSubject(s): Law, Constitution, Jurisprudence, Civil Law, Law on Economics
Published by: Институт за държавата и правото - Българска академия на науките
Keywords: registration; property law; publicity principle; art. 1 of the Registration Rules; art. 8, par. 1 of the Cadastre and Property Register Act; presumption of knowledge; goodwill; obligation to take due
Summary/Abstract: This article analyzes the nature of the principle of publicity of registration under Bulgarian property law. Conflicting views on its solution are present in the legal doctrine and court practice of the Supreme Court of Cassation. Such views refer to some aspects of the following hypotheses considered through the prism of registration: - goodwill of holder; - intentions of coheir in sole owner title for inherited real estate; - start of the term to exercise the redemption right; - goodwill of buyer with responsibility to evict; - start of term under art. 305, par. 1, cl. 1 of Civil Procedures Code. The purpose of this study is to present conflicting opinions in the light of specific hypotheses for entered acts, to give proposals for solution and on the grounds of the above, in conclusion, to give priority to one of the opinions.
Journal: Правна мисъл
- Issue Year: LVIII/2017
- Issue No: 4
- Page Range: 139-154
- Page Count: 16
- Language: Bulgarian
- Content File-PDF
