Uloga i značaj načela savjesnosti u procesu reforme zemljišnoknjižnog prava
The role and importance of conscientiousness principe in the reform of land rights

Summary/Abstract: For more than a few decades, the state of land registry in Bosnia and Herzegovina is inaccurate and incomplete, given that there is a large discrepancy between the registry and non - registered state of property. It is this circumstance that requires comprehensive reform of land rights, particularly with regard to the amendment of legal solutions that are not sufficiently affirmed the principle of conscientiousness. It is necessary to perceive this principle from doctrinarian point of view, make a research about court practice, and analyze possible problems and difficulties in resolving practical cases. In this way, value and trueness of the present legal solutions shall be determined and guidelines for their modification shall be indicated. The paper gave an analysis of such legislation and detected defects that generate discord between the registered and non-registered state of property as well as presented proposals de lege ferenda in order to create the legal conditions for a stable and efficient land registry. In order to better understand this problem, and the role, importance and influence of the principle of conscientiousness to the classification and updating of land registers related to real estate, the paper also addresses an analysis of this principle in the German law.

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