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- Title
MOŽE LI SE SUDSKOM ODLUKOM NADOMJESTITI SUGLASNOST SUVLASNIKA ZA USPOSTAVU ETAŽNOG VLASNIŠTVA? DE LEGE LATA I DE LEGE FERENDA.
- Authors
Pivac, Dino
- Abstract
Although the legislator has undoubtedly taken a position in favour of the establishment of condominium ownership, it has almost completely failed to regulate civil contentious and ex parte proceedings in condominium cases. The subject of this paper is the analysis and critique of the existing legislation, which does not provide, at least not explicitly and nomotechnically independently, legal instruments available to a co-owner who has a certain co-ownership share, if all other prerequisites prescribed by the law are met in the situation where one co-owner (unjustifiably) denies consent for the establishment of condominium ownership. This has opened the space for different interpretations in the interested professional public. The purpose of this paper is not to give a mere cross reference of normative solutions and differences in the case law and legal doctrine, but to provide impetus for the future efficient resolution of these condominium cases through concrete proposals de lege ferenda and practical procedural guidelines.
- Subjects
LEGAL instruments; OPEN spaces; JUDGE-made law; LEGISLATION; SEXUAL consent; LEGISLATORS; CONDOMINIUMS
- Publication
Zagreb Law Review, 2019, Vol 8, Issue 2, p145
- ISSN
1848-6118
- Publication type
Article