USPOSTAVLJANJE ETAŽNOG VLASNIŠTVA
ESTABLISHMENT OF CONDOMINIUM

Summary/Abstract: Passing new property and land registry laws on the entity-level, brought back the principle of legal unity of real estate, which caused a transformation of the condominium ownership concept. Disharmonies between legal solutions in these laws are numerous, but one of the most problematic is the question of partial condominiums of real estate. Namely, while new property law allows this possibility, insomuch land registry law starts from the assumption of the complete condominium. Except for that, acquisition of condominium ownership while the building is still in construction is not possible according to domestic law, which opens some space for additional uncertainties in legal transactions. Additionally, returning to the principle superficies solo credit profoundly changed relationship to the estate even in the case-law, where evidently, courts still do not manage with the old-new concept, especially when there is a question of cargo registration on land on which the object is going to be built.

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