Up-597/04

In accordance with the Privatization of Real Estate in Social Ownership Act, by a land registry order the court of first instance permitted that regarding Entry No. 939, in which social ownership and the right to use of the complainant were registered, the complainant is registered as a property right holder. First, such entries were made upon the proposal of the holders of the right to use, and then by the subsequent amendment of the Privatization of Real Estate in Social Ownership Act (Official Gazette RS, No. 59/01 of 19 July 2001, The Privatization of Real Estate in Social Ownership Act - A), which was already in force at the time of the issuance of the aforementioned order, ex officio by courts. In the case of the challenged orders, the aforementioned order cannot justify the deviation from the established case-law of the courts, as the factual and legal bases are different.