Designed to improve efficiency through digitalization and reduced formalism, the new framework enables anyone to submit a registration request, with title registered once formal requirements are met. The registered owner benefits from a legal presumption of lawful title.
However, this development also raises important procedural and constitutional questions, particularly where ownership may be disputed. Challenges are limited to a one-year period, there is no ordinary administrative appeal, and parties may only learn about registration after the deadline has begun to run – potentially affecting their ability to protect property rights. Parallel administrative and civil proceedings may also emerge, creating additional legal complexity.
While the mechanism is likely to be effective in clear, uncontested cases, its real impact will be felt in situations involving ambiguous titles, competing claims, or previously entitled owners who were not timely notified. The balance between efficiency, legal certainty, and the right to an effective remedy remains a key question going forward.
We will continue monitoring practical implementation and case law developments in this evolving area.
The article is written by Partner Ivan Petrović from the JPM Belgrade office.
