Načelo upisa i načelo povjerenja u postupku uspostave katastra nekretnina u Republici Srpskoj
The Principle of Registration and the Principle of Trust in the Procedure of Establishing a Real Estate Cadaster in the Republic of Srpska

Author(s): Faruk Đozić
Subject(s): Public Administration, Public Law, Administrative Law
Published by: Institut za istraživanje zločina protiv čovječnosti i međunarodnog prava Univerziteta u Sarajevu
Keywords: cadaster of the real estate; land registries; principle of constitutive effect; the principle of public thrust; ownership; Republika Srpska;
Summary/Abstract: Constituting the Cadaster, a unified system of data on real properties and information about holders of possession rights to the real properties implies that the data from land registries will no longer be public. Law on Survey and Cadaster of Republika Srpska left the administration in charge of constituting the cadaster, providing for court jurisdiction only in the case a party actively denies a right inscribed into the cadaster. Other than leaving the administration in charge of the cadaster, this law has limited judicial decision-making regarding property rights thus leaving room for manipulation notably concerning property rights of returnees, refugees, and displaced persons. Principles of constitutive effect and public trust, valid through the previous system, have been breached despite being included in the new legal framework by the administration through the Rulebook on the manner of establishing and maintaining the real estate cadaster of Republika Srpska. Establishing cadaster in such a way opens the possibility of annulment of rights inscribed in land registries and the possibility for the persons who are not in fact owners to inscribe themselves as such based on the factual state of affairs.

• Details
• Contents