USUCAPION IN THE CONTEXT OF AN INDIVIDUAL CORRECTION PROCEDURE
ECHOES OF A REVIEW DECISION BY THE SUPREME COURT OF THE REPUBLIC OF CROATIA
DOI:
https://doi.org/10.30925/zpfsr.46.1.12Keywords:
individual correction procedure, usucapion, non-contentious proceedings, land registersAbstract
The paper examines whether usucapion can be a legitimate ground for initiating an individual correction procedure. Specifi cally, an individual correction procedure is often a one-sided process (notifi cation to the opposing party is not personal but ordinary), lacks an adversarial nature or has a significantly reduced adversarial nature, and relies on establishing facts based on a probability standard. Since the individual correction procedure consists of two stages, the paper discusses whether usucapion
alone can be a suffi cient reason for opening an individual correction procedure (without submitting an adequate deed to establish the applicant’s registered right on a probability basis). It also explores whether, and if so, by what evidence usucapion can be determined in the second part of the process. Additionally, it examines the relationship between the individual correction procedure and civil litigation for determining ownership rights. Throughout, consideration is given to the fact that, as a non-contentious process, the individual correction procedure allows the court inquisitorial powers.
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Copyright (c) 2025 Zinka Bulka, Josip Dešić
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