Preventive control of legality

The LR clerks or rather the LR judges must control, when passing decisions in LR procedures, also the legality of deeds serving as the basis for registration so if a LR clerk considers a tabular deed as not fit for the registration then the LR clerk is obliged to reject the implementation of the registration and write a rejecting decision. The Croatian LR system upholds the principle of legality as one of the basic principles of the LR procedure. The clerks review only the documents that have been submitted and the content of land registers. After studying them both, they decide whether to accept or reject the registration.

In case an application is submitted to register the ownership rights and the deed serving as the basis for the application to register is not valid because .eg. it was not compiled properly (e.g. public notary deed), then the LR clerk would have the authority to immediately reject the application to register.

If some of the necessary applications are missing and there is a valid tabular deed on file, then the LR court should request from the applicant to correct the application to register to a certain extent i.e. to submit the necessary deeds.

If the application to register is denied or rejected, then a notation is put in the land registers, stating that the application was denied or rejected or rather, if any party would appeal, then the appeal would be noted in the land registers.

Appeal is allowed against any decision of a LR court with the exception of some special procedures when the protection is ensured in the form of the appeal to correct the registration. If a decision on the registration is passed by a LR clerk then the appeal is decided on by a LR judge, and if a decision on the registration is passed by a LR judge, then the appeal is decided by a second-instance court.

LR clerks should decision on the application to register as soon as possible and no later than 30 days but this deadline is only for instruction purposes.