Dajla parish

Court rejects Italian Benedictines' land registration claim

23.09.2011 u 23:06

Bionic
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The Buje Municipal Court on September 19 rejected a claim whereby Abbazia, a company founded by Italian Benedictines, claimed priority of registration of title to land in Dajla in Istria County, court spokeswoman Slavica Tomas-Ciric said on Friday, adding that the court found the claim legally invalid.

Abbazia has 15 days to appeal the ruling with the County Court in Pula.

The Pula-based company was established by the abbey in Praglia, namely Italian Benedictines who claim title to a 400-hectare plot of land in Dajla, and not by the Dajla parish, which is still registered as the landowner.

The Vatican intervened in the title issue because of a contract whereby the Dajla parish and the Porec and Pula dioceses transferred title to the land to Abbazia. Since Porec bishop Ivan Milovan refused to sign the contract, Pope Benedict XVI briefly suspended him, authorising Spanish bishop Norbert Villa to sign it on behalf of the two dioceses, which Villa did.

According to Croatia's Glas Istre daily, Villa's signature is contentious for the Buje Municipal Court, as he was not authorised to allow Abbazia to register title to the property. The court requested additional authorisation from the pope, which Abbazia failed to provide. In order to retain priority of entry of title, Abbazia should appeal the municipal court's ruling with the county court. If the latter turns down the appeal, Abbazia loses priority and the state can reclaim title to the land in question.

The Justice Ministry adopted a decision on August 9 declaring null and void seven decisions whereby, between 1997 and 2002, the Buje office for property-rights issues returned to the Dajla parish the 400-hectare plot of land based on the law on compensation for property seized under the former communist rule.

The two parties to the proceedings have filed an administrative suit because the law does not allow them to appeal the ministry's decision.