Právnická fakulta UMB

Trvalé URI pre túto komunitu

hdl:123456789/25

Prehliadať

Prehliadanie Právnická fakulta UMB podľa Predmet "acquisition of property ownership"

Teraz sa zobrazuje 1 - 2 z 2
  • Obrázok miniatúry
    Položka
    Legal and practical implications of digitizing the Slovakian cadastre: challenges and opportunities
    (Publishing House VD "Dakor" : Kyjev, 2024) Barancová, Andrea; Saktorová, Ľubica
    Background: Acquiring ownership rights to real estate in Slovakia is complex and frequently encounters hurdles. The formal procedures governing this process can be stringent, resulting in challenges when transferring ownership rights. This article critically evaluates the obstacles and potential advantages as the Slovakian Cadastre shifts towards a digital system. The authors also explore the scope of contractual freedom and governmental intervention in acquiring property rights alongside recent challenges encountered by the digitalized system under both Slovakian and European law. The study analyses the theoretical framework guiding decision-making by Slovak administrative authorities in cadastral proceedings, underscoring the critical role of formal legal procedures in ensuring legal certainty and stability. Additionally, the research underscores the importance of accurately registering changes to property rights within the digitalized real estate registration system to uphold the integrity and transparency of title records. Methods: The research follows a qualitative methodology, employing various qualitative methods, including historical description and analysis, in-depth document analysis, inductive method, comparative analysis, and case studies rooted in legal theory, administrative law and property law. It may utilise conceptual frameworks like legal certainty and stability to inform its examination. The methodology may not involve empirical data collection or statistical analysis but rather a critical examination of the existing legal framework and theoretical perspectives. Results and conclusions: Acquiring ownership rights to real estate in Slovakia is a complex process hindered by discrepancies between registered and actual property statuses, outdated maps and inaccuracies in parcel boundaries. The lack of clarity and precision significantly affects legal certainty and private property rights. In response, the Office of Geodesy, Cartography and Cadastre has proposed a comprehensive amendment to the Cadastral Act, aiming to update the classification of land, regulate electronic submissions, and simplify application processes. However, the proposed amendment may restrict public access to information contained in the Cadastre, which could negatively impact the exercise of property rights and the right to freely access information.
  • Obrázok miniatúry
    Položka
    Nadobúdanie vlastníckeho práva k nehnuteľnosti od nevlastníka, publicita údajov katastra a možné zodpovednostné nároky
    (Západočeská univerzita v Plzni, 2024) Zajác Ševcová, Katarína
    The article deals with the analysis of the acquisition of real estate from a non-owner as an exception to the classical Roman principle of nemo plus iuris. When acquiring ownership of real estate registered in the real estate cadastre, the principle of protection of ownership applies, as well as the principle of legal certainty and protection of good faith. Breaking the principle of nemo plus iuris in the form of jurisprudence is not entirely desirable. It would be appropriate for the legislator, when recodifying civil law in Slovakia, to consistently deal with the necessary reasons for breaking this principle. In the given situation, within the framework of de lege ferenda considerations, the solution could be the creation of a public fund, where contributions would be made either as part of cadastre fees or a special insurance system would be created that could be used by traders and would protect them from the loss of what is often a lifetime savings.