Ванкњижна својина
Unregistered Ownership

Summary/Abstract: The concept of unregistered ownership was developed in judicial practice. Given that positive law in the field of property law does not recognize the institution of unregistered ownership, this concept is theoretically very difficult to systematize; however, it must by no means remain overlooked. The absence of a public register of real estate in certain parts of the country resulted in the impossibility of registering ownership rights over immovable property, thereby creating space for the affirmation of unregistered ownership. The principle of registration in the public real estate register is a fundamental principle that guarantees legal certainty, and unregistered ownership, as an institution developed through judicial practice, appears in certain cases as a deviation from this principle.

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