Restitution Process in the Slovak Republic

Abstract

The paper examines the restitution process in the Slovak Republic, focusing on the restitution of agricultural and forest land. The purpose of restitution was to restore the original legal status of the ownership of the expropriated real property. The author also specifies the historical circumstances that led to the adoption of the restitution legislation (land reforms and nationalisation). Furthermore, the related issues of church restitution and the settlement of property claims in cooperatives are addressed. At present, it is no longer possible to file a restitution claim under the restitution laws, as the time limits for restitution provided for in the restitution laws have already expired. However, in judicial practice, there are cases of restoration of ownership of real property expropriated during the period of non-freedom after the time limits for restitution expired, by means of an action for the establishment of ownership brought under the general rules of civil law. In this context, the paper analyses the current issue of the competition between a restitution action and an ownership action by referring to various opinions on the solution of the issue. Finally, it analyses not only the decision-making practice of the courts of the Slovak Republic in this area, but it also includes a comparison with the relevant case law of the Czech Republic.