The role of judical practice of weackening the legal protection of bona fide acquirer, relying in the landregister facing to the reinforcement of unique formerly entitled person’s interest

Abstract

In the Hungarian land registry law does the law maker by careful consideration evaluate simultaneously the legal interests of the formerly beneficiaries and the bona fidei acquirer (registered third person) too. In this legal evaluation the law maker reserves a critical period for the protection of the former substantive right holder: during this critical period, the former substantive rightholder's rights are protected against the bona fide third-party rightholder. In formerly regulation was registrative substantive rightholder protected in case of having invalid of the entry of his successor rights. By gradual emending the registry law has been extending to legal incorrectness too. The basic point of discussion, if the acquirer (bonafide) acquisiting the real rights of land from a registered but, according to the law not really entitled person, and if the acquirer does not know about the defect of registered rights of his legal predecessor, what kind of legal protection he can expect. This article analysing the Hungarian judicial practice, describes the continuously decreasing level of defence of the bona fide third-party rightholder and in parallel to increasing the legal protection of formerly beneficiaries of rights in real property. This kind of decreasing protection level of bonafide third-party rightholder is suitable for undermining the public trust in land registry.