engleski

Real property transactions in the Republic of Croatia – Procedures of property transfer, change of real property rights and property formation

The study focuses on processes of change in subject-right-object system in the Republic of Croatia. The system is, in fact, relationship of the right holder (i.e. subject) and specific land unit (i.e. object) realised through real property right. Three functions of change are distinguished as change of subject (transfer of real property), changes of object (property formation) and changes of content of right itself (alternation of land use). In order to analyse those three functions of change, prior analysis of related legal framework is preformed. Thus, real property rights are analysed and presented. Land registration is analysed according to relevant legislation and present condition of the registers (i.e. cadastre and legal record) is described. After that, procedures of change are examined. Overview over procedures related to each function of change is given, as well as detail description of the individual procedures of change. In fact, detail descriptions in steps of the procedures represent models for certain procedures that are developed manly on the basis of relevant legislation, but also on the basis of participants’ observations. In addition to detailed descriptions in steps, developed models are also presented as of activity diagrams. However, developed model are of formal nature and they can serve as a guidelines to identify formal requirements set out by the system and outline necessary actions that must be performed, but it can not predict possible problems and obstacles that can appear in the specific case, which can result in additional series of actions. Same approach is applied to analysis of three function of change in the Republic of Slovenia for the purpose of comparison. However, analysis is narrowed only to investigation of relevant legislation. Consequently, models are developed only for procedures of property formation, while for other two functions of change, only formal requirements are specified. On the end, author’ s observation on presented problems of Croatian real property system are given and suggestions for improvement are made, manly on the basis of comparison of functions of change in two countries.

real property; real property rights; real property transactions; real property formation

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