Възможности за защита на бившия собственик с признато право на собственост по чл. 14, ал. 1, т. 3 ЗСПЗЗ
Possibilities for Protection of Former Owners with Recognized Property Rights under Art. 14, Para. 1, Section 3 of the Ownership and Use of Agricultural Land Act

Summary/Abstract: Courts suspend the proceedings on claims for acquisition of ownership based on restitution under a resolution of a Land Property Commission that has been issued under Art. 14, para. 1, section 3 of the Ownership and Use of Agricultural Land Act, as amended in the „State Gazette“, issue No. 68 of 30.07.1999. It is assumed that such resolutions of Land Property Commissions do not have a constitutive effect, but only legitimize former owners to take part in the proceedings on approving the plan of the newly-formed properties. Claims for denouncing ownership rights of former users that have been acquired through purchasing under para. 4 and the following ones of the Transitional and Concluding Provisions of the Ownership and Use of Agricultural Land Act, are considered permissible. It is argued in the article, that these claims do not discontinue the acquisitive prescription in favour of a former user; therefore, they are not suitable instruments for protection of former users. It can not be denied that in such claims acquisitive prescription has been running out. Otherwise Art. 5, para. 2 of the Restitution of Nationalized Real Property Act, which cancels the legal prescription that had expired by 21.11.1997, would prove to be unnecessary, and any such interpretation is inadmissible.

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