{"id":1038,"date":"2023-06-06T16:10:10","date_gmt":"2023-06-06T14:10:10","guid":{"rendered":"https:\/\/vaic.hr\/?p=1038"},"modified":"2025-04-18T06:52:40","modified_gmt":"2025-04-18T06:52:40","slug":"means-of-acquisition-of-ownership-in-therepublic-of-croatia","status":"publish","type":"post","link":"https:\/\/vaic.hr\/en\/means-of-acquisition-of-ownership-in-therepublic-of-croatia\/","title":{"rendered":"Means of Acquisition of Ownership in the Republic of Croatia"},"content":{"rendered":"\n

There are several ways of acquisition of ownership in the Republic of Croatia, namely:<\/p>\n\n\n\n

    \n
  1. by legal act<\/li>\n\n\n\n
  2. by judicial decision or decision of another competent authority<\/li>\n\n\n\n
  3. by succession and<\/li>\n\n\n\n
  4. by law.<\/li>\n<\/ol>\n\n\n\n

    For the acquisition of ownership, the general requirements prescribed by the Act on Ownership and Other real Rights must be met \u2013 that is, the ability of the property to be the object of ownership, the ability of the acquirer to acquire the right of ownership and a valid legal basis for the acquisition.
    Depending on means of acquisition (movable or immovable property), also some other specific requirements need to be satisfied.<\/p>\n\n\n\n

    Besides earlier mentioned general requirements that need to be met for acquisition of ownership by legal act<\/strong>, also following specific requirements need to be satisfied:<\/p>\n\n\n\n

    -Predecessor \u2013 person who transfers the ownership needs to be owner of the object
    -Valid legal act \u2013 purpose of the legal act needs to be acquisition of the ownership, the contract for immovable property needs to be in written form,
    -Particular mean of acquisition \u2013 handover (of movable property), registration (of immovable property) in the Land Register. It needs to be highlighted here, that the ownership of the immovable can be acquired only trough registration in the Land Register. <\/strong>Contract itself is only a valid legal act that authorizes a person to require a registration.<\/p>\n\n\n\n

    Ownership can also be acquired by judicial decision or decision of another competent authority.<\/strong> For example, in the enforcement proceedings the property is awarded to a buyer based on a judicial decision. Another example is decision on expropriation or judicial decision on the dissolution of the co-ownership relationship, etc.<\/p>\n\n\n\n

    Ownership is acquired by succession <\/strong>at the time of the death of the deceased. <\/p>\n\n\n\n

    This acquisition is ruled by the law not only for legal heirs but also for legatee. <\/p>\n\n\n\n

    Ownership of immovable property is acquired at the time of the death. <\/p>\n\n\n\n

    Therefore, the acquisition of a ownership right in immovable property doesn\u2019t require a recording in a register. However, if registered, the heir will easily prove his right of ownership. Requirements for acquisition by succession are that the deceased has passed away, that the object is part of his estate and that the acquirer is heir by law or a legatee.<\/p>\n\n\n\n

    In the Croatian legal order the acquisition of ownership by law<\/strong> is rather particular. <\/p>\n\n\n\n

    The ownership is acquired at the time when the requirements of the law are satisfied. It is also known as original acquisition. <\/p>\n\n\n\n

    It should be highlighted that the rights of third persons expire trough the acquisition of the ownership by law. Trough an original acquisition a new right is established which means that all other rights are cancelled (under requirements of the law).<\/p>\n\n\n\n

    Most common mean of acquisition of ownership by law in the Republic of
    Croatia is ACQUISITIVE PRESCRIPTION.<\/strong> This legal institute is not
    recognized in all European states, which is the reason why many find it
    vague. Acquisitive prescription is a way of acquiring a property by meeting
    statutory requirements of continuous possession in a longer period of time.
    As well as at other means of acquisition, also here some specific
    requirements need to be satisfied. Namely it depends of truthfulness,
    lawfulness and good faith of the possessor.<\/p>\n\n\n\n

    For better understanding we\u2019ll explain the meaning of these legal terms.
    Possession is lawful <\/strong>if it has valid legal basis (for example, if a person concludes a real property contract but doesn\u2019t request registration in the Land Register). It is truthful <\/strong>if it\u2019s not gained by violence, fraud, stealth or trust abuse. <\/p>\n\n\n\n

    Good faith<\/strong> means that the possessor did not know or did not reasonably have reason to suspect that he doesn\u2019t have the right to possess at the time of acquisition. Each possessor who is in good faith and has lawful and truthful possession will acquire the ownership over immovables through uninterrupted possession for ten years<\/strong> and over movables for three years.<\/strong> <\/p>\n\n\n\n

    Possessor who is only in good faith will acquire ownership of immovables through uninterrupted possession thereof for twenty years<\/strong> and of movables for ten years<\/strong>.<\/p>\n","protected":false},"excerpt":{"rendered":"

    There are several ways of acquisition of ownership in the Republic of Croatia, namely: For the acquisition of ownership, the general requirements prescribed by the Act on Ownership and Other real Rights must be met \u2013 that is, the ability of the property to be the object of ownership, the ability of the acquirer to acquire the right of ownership and a valid legal basis for the acquisition.Depending on means of acquisition (movable or immovable property), also some other specific requirements need to be satisfied. Besides earlier mentioned general requirements that need to be met for acquisition of ownership by…<\/p>\n","protected":false},"author":5,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[212,189,215,199],"tags":[],"class_list":["post-1038","post","type-post","status-publish","format-standard","hentry","category-contract-law","category-inheritance-law","category-land-registry-law","category-real-estate-law"],"yoast_head":"\nUnlock the Secrets to Acquiring Ownership in Croatia!<\/title>\n<meta name=\"description\" content=\"Discover the legal ways to acquire ownership in Croatia, including legal acts, succession, judicial decisions, and the unique concept of acquisitive prescription.\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" 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