Application of the Principle of Material Publicity of Land Registers in the New Civil Code

摘要

This paper succinctly presents the way in which the current regulation of the Civil Code establishes the principle of the material publicity of land registers as an original way of acquiring ownership. The scope of this principle includes not only the legal acts having an onerous title, but also those with a gratuitous title. The difference in the application of the principle according to whether the title is onerous or gratuitous consists in the term imposed upon the owner to rectify the situation from the land register and to save his right, thus preventing the effect of acquiring property of the material publicity. The good faith of the third party registered in the land register is required in both cases and is presumed. We have also shown, for a better understanding of the manner of operation of this principle, its similarities and differences from the principle of the priority of the registration in the land register and the principle of the validity of the appearance of law.