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Collected Papers of the Faculty of Law, University of Novi Sad

2019, vol. LIII, No. 4, pp. 1167–1186

Language of the paper: Serbian

Original scientific paper

udk: 349.418:347.626.5(497.11)”2018”

doi: 10.5937/zrpfns53-24771

Author:

 

Radenka Cvetić, Ph.D., Full Professor

University of Novi Sad

Faculty of Law Novi Sad

r.cvetic@pf.uns.ac.rs

Abstract:

By way of the Law on the Registration Procedure with the Cadastre of Real Estate and Utilities, one more significant reform of the real estate cadastre was performed in 2018. This article aims at presenting the goal, scope, systematic and practical consequences of some of its solutions. Primarily, attention is drawn to the fact that certain novelties, introduced in order to digitize and update the real estate cadastre, entirely disregarded private law nature of the rights that are registered in this cadastre, marginalizing thus the initiative of private entities. A special interest has been laid in the scope of the new rule that pertains to the registration of the common ownership of spouses in the real estate cadastre, in the light of the current conception of common property of spouses in Serbia. After a brief overview of the origins of this rule, and relying on the concrete cases, possible consequences of its application have been outlined. It is emphasized that this rule opened an additional space for triggering the principle of trust in the data registered with the cadastre, leading at the same time, at least indirectly, in a number of cases, to the circumvention of the concept of common ownership (and property) of spouses that exists in our legal system, giving thus rise to the far-reaching consequences.

Keywords:

real estate cadastre, principle of officiality, registration request, registration of common ownership of spouses, statement of a spouse during contract solemnization.