APPLICATOIN OF THE PRINCIPLE OF TRUST IN THE LAND REGISTRY IN THE CONTEXT OF THE DISPOSITION OF MARITAL ASSETS

Abstract

By entering into effect of the new Entity laws on the land registry, a new definition of the principle of trust is introduced, a definition that aims at the protection of the rights that have been acquired on the basis of incorrect or incomplete land registry status. However, the question arises of whether the third conscientious person will have any protection regarding the acquisition of property rights on real estate that is a part of marital assets, when such real estate is recorded in the land registry only belonging to one marital partner. In the legal theory and jurisprudence the issue of validity of the legal relation regarding the sale and the burdening of such real estate by the registered right holder has been raised. Bearing in mind the fact that in our legal system the principle of causal tradition is applied, coming to the correct position on this legal issue is very significant. Further scientific research in this area is of particular importance due to the ongoing process of the reform of land registry law, whose purpose is the reaffirmation of the land registry and the creation of legal presumptions for a faster and simpler legal disposition of real estate.

Keywords

• principle of trust in the land registry
• principle of conscientiousness
• marital assets