Vloga izvedenca geodetske stroke v nepravdnih postopkih

The role of experts in the land surveying profession in non-contentious civil procedures

Author(s):

Vesna Rijavec

Abstract:

This article covers all the most relevant aspects of judicial expertise in the field of land surveying. It is focused on non-contentious civil procedures for the regulation of boundaries, for the division of common property, enforcement procedure for the division of property. Among them, the problems of division into divided co-ownership (condominium) were also taken into consideration. The author explains how the judge and the expert co-operate in the public hearing or outside of it to issue a court decision that is (together with expert's specific input) appropriate for inscription into the cadastre. In case of division of land with parcelling or in the case of division into a condominium, a further inscription into the land register is necessary. The advantage of this contribution is in author's taking a position on disputed questions in relationship between the legal and land surveying professions, by taking into consideration the legal sources from both sides.

Keywords:

judicial expert, geodesist (land surveyor), non-contentious civil procedure, joint property, condominium, parcelling, elaborate, cadastre, land register

DOI: 10.15292/geodetski-vestnik.2011.04.750-763

Citation:

Vesna Rijavec (2011). Vloga izvedenca geodetske stroke v nepravdnih postopkih. | The role of experts in the land surveying profession in non-contentious civil procedures. Geodetski vestnik, 55 (4), 750-763. DOI: 10.15292/geodetski-vestnik.2011.04.750-763