Suspension of proceedings over the entry of a right in land register due to a timely filing of an extraordinary legal remedy or a constitutional complaint

In accordance with the decisions of the Supreme Court the cadastral offices are supposed to suspend a proceeding over entry of a right in the land register in case that an extraordinary legal remedy was timely filed. This extraordinary legal remedy has to be filed against the decision, in which the court has decided about the invalidity of a legal action and the right is supposed to be registered to the land register on the grounds of this legal action.

The suspension shall remain effective till the court decides about the extraordinary legal remedy; in case that the court has allowed this extraordinary legal remedy, then till the legal force of a new decision about the invalidity of a legal action (judgement of the Supreme Court No. 21 Cdo 3945/2011).

The Supreme Court has recently followed up this judgement (judgement of the Supreme Court No. 21 Cdo 3399/2013) and decided that the proceeding over the entry of a right in land register shall be suspended also in case that a constitutional complaint was filed. That applies only for such constitutional complaint that was filed against a court decision about the invalidity of a legal action and the right is supposed to be registered to the land register on the grounds of this legal action or the constitutional complaint was filed against a court decision about the extraordinary legal remedy in such case.