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The seller commits to delivering the item to the buyer and transferring ownership rights to them. Delivery of the item is understood as granting possession. This obligation is the same regardless of whether the subject of the sale is a movable or immovable item.213 The acquisition of ownership rights depends on what is being sold. A distinction is made between acquiring ownership of movable items (car, book, couch, food, etc.) and immovable property (land).

For movable items, ownership rights transfer to the buyer upon delivery. The seller, by handing over the item to the buyer, typically fulfils both of their primary obligations under the sale in a single act.

For immovable property, ownership rights are acquired upon registration in the land registry. The basis for registering the transfer of ownership includes a document containing a land registry permit. This is an explicit, unconditional statement by the person whose right is being transferred, modified, encumbered, or terminated, granting permission for the entry in the land registry.214 The seller’s signature on the land registry permit must be notarised.

Before purchasing real estate, the buyer must check the land registry to verify whether the seller is indeed the legal owner and whether the property is subject to a mortgage or other encumbrances. Until the buyer is registered in the land registry, the seller is still considered the official owner of the property, even if the buyer already possesses a valid and fully executed land registry permit with certain property law effects.

 

213 Juhart in Plavšak, Juhart, 2004, Vol. 3, p. 96.
214 Cf. Art. 23 of SPZ, Official Gazette RS, No. 87/02, 91/13 and 23/20.

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