A reach of the principle of entry and the principle of reliability in the real estate cadastre in our court practice

Abstract

Through the review of the principle of entry and the principle of reliability in the Real Estate Cadastre and their reach in our court practice, this article indicates the indispensability of compliance with these principles for the sake of legal certainty. A formidable and a complex role of the court when applying law in order to rightfully resolve an individual case has been underlined. Having regard to the accountability of the courts for the efficacy of the legal system, without any intention to disavow the court practice, some deficiencies have been pointed out, with the aim to help. An abstract manner of legal norms necessarily requires a creative role of courts in cases which cannot be easily qualified. For that reason certain deviations ought to be made followed by reasoning which unambiguously leads to the conclusion that only a specific decision which the court rendered is possible and just.

Keywords

• Real Estate Cadastre
• importance of entry
• reliability
• court practice and rightfulness