Problemi povodom sudske zaštite upisa u katastar nepokretnosti

Abstract

The paper analyses the problems that occur in the legal practice of the Administrative court providing legal protection against the acts rendered by the Agency of Real Estate Cadastre. Analyz-ing the functions of the Agency of Real Estate Cadastre, the paper shows that the main function of the Agency is to register rights on real estate, to maintain its record and to register any changes in the recorded real estate rights. The registration of right in the Real Estate Cadastre is performed by issuing confirmation certificate that is considered to be an administrative act. The paper shows that the interested party may seek protection before the Administrative court of Republic of Macedonia, against the confirmation certificates issued by the Agency since they are considered as final and executive acts. The problems in the legal practice of the Administra-tive court in this paper are divided into three groups. In consideration of the growing problems in providing legal protection by the courts, the authors of this paper suggest that there should be penalties for non-performance of official of the Agency, especially when they fail to deliver all necessary documents to the court. The authors also note that the new amendments of the Law of Real Estate Cadastre regulating the electronic connec-tion between the Agency and the courts contribute to making this duty of the Agency easier to per-form. The idea is for all documents to be scanned and sent in digital form along with the reply of the filed lawsuit. This will enable the judge to look over and evaluate all evidence concerning the registration of rights in the real estate cadastre, and to decide if the procedure was lawful. Regarding the so called “digital lawsuits” against the large number of confirmation certifi-cates for digital surface that changes the area of the parcel registered in the real estate cadastre the authors call for careful implementation of the digitalization process so that there are less situations where the surface of the real estate is changed because that effects the rights on real estate guaran-teed by the Constitution. The authors consider that there should be more precise provisions in the Law regulating the situations when the data for the surface of the real estate in the legal document, the analog plan and the digital plan do not co-inside. Considering the problem with deleting the mortgages registered in the Real Estate Cadas-tre when the mortgage creditor is a juridical person that was terminated and has no legal successors, the authors suggest that the Agency and the Courts should take into account that in this case the mortgage is terminated by law, and therefore the Agency is obligated by law to delete it. In this cas-es the interested party – the mortgage debtor needs to submit application for deleting the mortgage from the Real Estate Cadastre accompanied with valid evidence that the mortgage debtor (juridical person) was terminated and has no legal successors.