Study:	Civil Law - 10. semester
Code:	61269
ECTS:	4.0
Course coordinators:	prof. dr. sc. Tatjana Josipović prof. dr. sc. Hano Ernst
Lecturers:	izv. prof. dr. sc. Ivana Kanceljak - Lectures

Literature:

Josipović, Tatjana; Zemljišnoknjižno pravo; Informator (2001), str Zakon o zemljišnim knjigama; , str

Optional literature:

Zakon o vlasništvu i drugim stvarnim pravima; , str Gavella, Nikola; Josipović, Tatjana; Gliha, Igor; Belaj, Vlado; Stipković, Zlatan; Stvarno pravo - svezak 1.; Narodne novine (2007), str

Description:

1. Land-Registry Law: the concept, historical development, its place in the legal system, legal nature, legal sources Land register as a form of register of real estate and the property rights on them Land register as the system of publishing the rights on property Comparative-legal survey of the system of publishing the rights on property 2. Land register: the concept and characteristics 3. Cadastral register: the concept, characteristics and relation to the land register 4. Land registry structure 5. Principles of land-registry law 6. Land-registry entries: the concept, subject, presumptions, categories 7. Registration of deeds: general and special presumptions 8. Advance registration: presumptions, justification 9. Registration of personal relations, registration of legal facts in the Law on Land Register 10. Registration of legal facts in other laws 11. Legal effects of the registration, protection of registered rights 12. Priority in registration 13. Land-registry procedure: procedure in land-registry matters 14. Special kinds of procedures 15. Computerisation of land registers

Cognitive Skills:

Knowledge and understanding

After successfully completing the course, students will be able to:

- explain the position of land registry law with regard to civil law, particularly in relation to property law and relevant legal sources

- define and explain the concept of land registry books and cadastre, the structure and characteristics of land registry books and principles of land registry law

- define and explain types of registrations, prerequisites for and legal effects of registrations

- explain the protection of land registration and the role of priority order

- define and explain individual stages of land registry procedure

- name and explain special procedures in land registry matters: procedure of write-off, joint mortgage, depreciation and deletion

 

Application

After successfully completing the course, students will be able to:

- properly interpret rules that regulate land registry law matters

- solve the problem of legal gaps

- prepare a draft of registration proposal

- determine which legal rules are relevant for resolving a concrete case

- apply legal rules to concrete life situations

 

Analysis

After successfully completing the course, students will be able to:

- analyse legal sources and rules that regulate land registry law matters

- analyse the significance of land registry law provisions for other legal institutes

- analyse advnatages of each individual land registration with regard to a concrete situation

- analyse stages of land registry law through the position of proponent of and opponent to registration

- analyse concrete cases of initiation of land registry procedures

- connect the subject matter of land registry law with the course Civil law II : property law and law of inheritance

 

Synthesis

After successfully completing the course, students will be able to:

- connect legal rules of land registry law with legal rules of law of obligations, property law, family law and distraint law

- integrate substantive stipulations of land registry law with those of procedural nature

- critically evaluate the possibilities of protection of land registry rights and the mechanisms for protection of potential acquisitors of registry rights

- critically evaluate functioning of land registry books in practice after having completed the practical training at the land registry department of a municipal court

- critically evaluate legal solutions as well as problems in practice through a written report submitted after the practical training in a land registry departments of a municipal court

 

Evaluation

After successfully completing the course, students will be able to:

- recommend an optimal type of registration considering the concrete possibility of fulfilling the requirements for registration through the analysis of the existing land registry situation

- reexamine the risks in legal transfer of real property by a synthesis of examined land registry status of real property and legal rules of land registry law

- estumate and exaime justifiabiloty of individual land registry law institutes

- conclude about the applicability of procedural regulations of land registry law for the purpose of solving concrete cases

Practical and Generic Skills:

After successfully completing the course, students will be able to:

- find relevant legal sources,

- research court practice,

- express their own opinion about the application of legal rules to concrete cases,

- formulate the contents of the deed proposal and precisely draw a contract for gaining property rights

- research land registry and cadester and connect the data from them

- express their own opinion about the recognised problems in practice and outime them in writing.

Matching Assessments to Learning Outcomes:

Learning outcomes are tested by an oral examination. The examination consists of an interview wiwth the student within which learning outcomes connected with knowledge and understanding, application, analysis, synthesis and evaluation are tested. A written report of the students about court practice precedes the examination. In the report students outline concrete problems that land-registry judges are faced with.

E-learning system Merlin is used in teaching for the distribution of teaching materials.

Consultations schedule:

• prof. dr. sc. Tatjana Josipović:

  Tuesday 16:00 - 17:30

  Location: Trg Republike Hrvatske 3, room 34/II
• prof. dr. sc. Hano Ernst:

  Tuesday 16:00 - 17:30

  Location: Trg Republike Hrvatske 3, room 35/II
• izv. prof. dr. sc. Ivana Kanceljak:

  Wednesday 15:00 - 16:30

  Location: Trg Republike Hrvatske 3, room 303, treći kat