Important decision
The Civil and Commercial Collegium of the Supreme Court has approved a legal sentence on the acquisition of ownership rights to real estate for publication in the Collection of Judicial Decisions and Opinions. It relates to cases where an immovable property is subject to registration in the Land Register but is not actually registered therein.
According to the Supreme Court’s conclusion, ownership of such immovable property cannot be acquired from an unauthorized person under Section 1109 of the Civil Code. This provision applies to things not registered in the public register, but it cannot be applied to immovable property which, although not actually registered in the cadastre, is subject to registration in the cadastre by law.
Thus, the decisive factor is not only whether the real estate is registered in the cadastre, but whether it should be entered in the cadastre according to the law. In the case of immovable property subject to registration, ownership cannot be acquired by mere contract or by means of the protection of good faith under Section 1109 of the Civil Code. In such a case, registration in the Land Register is essential for the transfer of ownership.
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