Proprietorship (Section B)

1. Proprietorship or class of title
There can be the following classes of title, proprietorship of main rights:

 

Main right / Primary real right: OWNERSHIP

Local nomen iuris: Pravo vlasništva

Definition: The right of ownership is a real right on a particular thing authorising the holder to use the thing and any benefits arising from it as he sees fit, and to exclude any person from it, unless that is contrary to such other person’s rights or limitations imposed by law (Article 30., Act on ownership and other real rights).
Main right / Primary real right: CO-OWNERSHIP

Local nomen iuris: Suvlasništvo

Definition: If several persons have the right of ownership of a particular thing, by each being entitled to a part of the right of ownership, which is calculated arithme-tically pro rata to the entire right of ownership of the thing, they are all co-owners of the thing, and the parts of the right of ownership that belong to them are their co-ownership shares (Article 36., Act on ownership and other real rights).

 

Main right / Primary real right: JOINT OWNERSHIP

Local nomen iuris: Zajedničko vlasništvo

Definition: A thing is jointly owned if there is ownership of two or more persons (joint owners) on an undivided thing who all have a share in the thing; however, the size of their shares is not determined, albeit determinable

(Article 57., Act on ownership and other real rights).

 

Main right / Primary real right: OWNERSHIP of particular parts of real property (floor ownership)

Local nomen iuris: Vlasništvo posebnih dijelova nekretnine (etažno vlasništvo)

Definition: Ownership of a specific particular part of real property authorises the co-owner on whose coownership share it is established to exercise all his owner’s powers and duties while managing the particular part of real property in place of all co-owners as if the particular part were under his sole ownership and, unless provided otherwise, to do with such part and benefits derived from it as he sees fit and to exclude anyone else from it (Article 66., Act on ownership and other real rights).

 

Main right / Primary real right: OWNERSHIP of the Republic of Croatia and other bodies governed by public law in particular

Local nomen iuris: Vlasništvo Republike Hrvatske i drugih osoba javnoga prava

Definition: The Republic of Croatia and other bodies governed by public law who are holders of the right

of ownership have the same position with respect to ownership in legal relations as private owners, unless provided otherwise by law (Article 35., Act on ownership and other real rights).

Main right / Primary real right: SOCIAL OWNERSHIP
Local nomen iuris: Društveno vlasništvo
Definition: The right of ownership and other rights acquired according to the provisions of this Act on
transforming the right to administration, use and disposition of things under social ownership and on transforming the right to use construction land under social ownership are acquired under the condition that they are not in conflict with the rights that other persons hold on former sociallyowned
things based on the regulations on denationalisation. The protection of confidence in the truthfulness and completeness of the land register provided by this Act shall not apply with respect to acquisitions realised until 1 January 2017 if the acquisitions relate to the acquisition of real properties subject to the entry of social ownership (Article 359. and 388., Act on ownership and other real rights).

Main right / Primary real right: POSSESSION
Local nomen iuris: Posjed
Definition: Any person having factual power over a thing is its possessor (Article 10., Act on ownership and other real rights).
Possession is not relevant in land registry book and facts about possessor are recorded in cadastre office.

 

2. Information on owners

2.1 If owners are natural persons, information of the owner or proprietor or holder of the main right registered will usually comprise the following:

1. Name of the owner (first name, surname) in the way governed by national legislation.
2. ID of the owner
3. There may be also other identification numbers (passport, driving license, public health system number).
4. Person to whom the owner is married when acquisition is for the marriage or for matrimonial community of goods.
5. Date of birth
6. Address.

However, normally there should not to be expected that information includes neither the person to whom the owner is married in any case, civil status, nor owner’s e-mail or telephone.

2.2 In the event that the owner or proprietor is a company or legal person, information will usually include:

1.  Name of the company.
2. ID of the company
3. Registered office.
4. Registration number (if there is no PIN).
5. Business address

And it will not include other data such as date and place of registration, telephone or e-mail.

 

3. Entitlement

 

Information of the Croatian land register system usually includes references to the:

1. Entitlement or substantial entitlement, act or contract which is basis of the acquisition for the proprietor.
2. Formal entitlement, deed of acquisition of the owner.

 

4. Restrictions

 

Information of the Croatian land register system usually includes the existence of restrictions on the person of the owner stemming from insolvency or affecting the authority of disposal when they have been registered.

With respect to the information on restrictions on the person of the owner, existence conditions antecedent or subsequent are included in section B.

 

5. Price

 

LR information does not include the price of acquisition of the property ever.