The laims under art. 109 and art. 108 OL – field of application and subject matter, entry
Keywords:
entry, effect of the entry, two dispositions, court judgement, petition claim, ungrounded impact, announcement effect, announcement & protection effectAbstract
This article draws a comparison between the two petition claims as regards their field of application and subject matter of the claim, pointing out the need for the formation of res judicata in relation to the presence of an ownership right over the real estate in a decision on a claim under Art. 109 of the Ownership Law (OL), as well as the need for entering the respective statements of claim for the purpose of achieving publicity of the litigation. A distinction is made between those claims the entry of the statement of which has an announcement effect only, and those the entry of the statement of which has a protective effect as well.
