Защита на собствеността при незаконосъобразно актуване на имоти като държавни или общински
Protection Of Property Rights In Cases Of Unlawful Registration Of Property As State Or Municipal Property

Author(s): Rosen Solakov
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: right of ownership; state property; municipal property; registration of property; deregistration; act of state ownership; act of municipal ownership; declaratory action
Summary/Abstract: The present study examines the legal mechanisms for the protection of the right of ownership in cases of unlawful registration of immovable property as state or municipal property – namely, where the legal grounds for such registration have ceased to exist or where the registration has been carried out incorrectly. The legal nature of acts of state and municipal ownership is analysed as official certifying documents of a declaratory character. The institutes of registration and deregistration are examined, along with the prerequisites for removing property from the property registers and the competence of the relevant administrative authorities. Particular attention is paid to the actions under Article 79(3) of the State Property Act and Article 64(2) of the Municipal Property Act as specific declaratory real actions for the protection of private ownership. Their prerequisites, legal characteristics, and procedural features are analysed. The conclusions emphasise the importance of judicial protection as a fundamental guarantee of the inviolability of private property in cases of unlawful actions by the state or municipalities.

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