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Public list in the light of the new application of the principle of publicity material

Publication

Abstract

At the beginning of the year 2013 the new Act No. 256/2013 Co., Cadastral Act, was passed. This act replaced existing legal regulation of land register.

New legal regulation reacts on a large recodification of private law, especially on enactments of private legal relations which are included in the new Civil Code No. 89/2012 Co. This Act brought crucial changings in the field of ownership rights and it brought also new terminology.

The term "land register" was replaced by the term "public list". The Civil Code No. 89/2012 Co. includes also enactments which regulate directly the public list.

Up to now this enactments were included just in special legal norms which regulated the "public list" itself. In connection with new legal regulation, the material publicity principle is exercised.

An ignorance of this principle can have a significant influence on ownership rights, registered for particular subjects in the public list. Ignorance of the material publicity principle could have serious consequences for subjects who are registered as owners of real estates and it can lead also to the loss of the ownership right.

Considering that the legal regulation in this field is defined newly and the Act doesn't bring comprehensive information for subjects who aren't lawyers, this article should inform the reader about new legal regulation and about the possibilities, how to defend the ownership rights.