Law news Judicial practice in real property disputes

Judicial practice in real property disputes

With the adoption of the new Naps, judicial practice is also changing. Legal relations in real estate are no exception.

It’s changed dramatically over the last year.

A detailed review of judicial practice for the publication "League & Law" by the lawyer, the head of civil practice Nikolai Maximov.

Counsel notes that even the Grand Chamber of the Supreme Court, in analysing the legal positions of the Supreme Court, sometimes tends to adopt innovative approaches in adjudicating this category of cases.

As an example, there was a recent discussion of the subject-matter jurisdiction of litigation in cases involving appeals against notaries acting as public registrars, Registration of the ownership of immovable property over the mortgage holder as a form of mortgage enforcement.
There are two fundamentally different approaches to this issue to date.
The first one is based on the legal nature of the appeal against the decision of the authority and, as a consequence, this category of cases falls under administrative jurisdiction.

The second, completely opposite,
is based on the fact that the solution of this category of cases requires careful examination of the potential for infringement of the civil rights of the mortgager and is generally limited to the sphere of contractual rather than administrative legal relations.

For more details on the subject in the article below:

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