Registration of real estates from a civil law viewpoint – civil law effects in the sieve of the official public register

Abstract

This paper aims to analyze the connections between the real estate register as a means of private law and as an official public register. It is characterised by the duplicity that the keeping of the real estate register (cadastral register), which is vested with essential private law effects, is fundamentally falls under administrative law rules. These regulation frames can hardly be accepted by either the court having traditional civil law thinking or other implementation bodies. The authors also examine the questions of where the interest to the stability of the register and the interest to the correctness and perfection of the register collide. It is a question, if the real estate supervisory authority is entitled to arrange this conflict or the existence of this collision requires judicial proceeding.