The acquisition of immovable property by court decision

The acquisition of immovable property by court decision, which is one of the cases where the immovable property is acquired before the registration, is the acquisition of the immovable property by the person before the registration by the formative decision of the court, who has the right to claim the transfer of the immovable property to him. This legal institution is regulated with TCC Art. 716 (ZGB Art. 665). Three conditions must be fulfilled in order to acquire the property by the lawsuit for enforcement to register in the land registry filed by the creditor. These are the existence of a valid legal reason causing the transfer of the immovable property, the defendant's unjust eschewal of apply for registration in the land registry and the ownership of property by defendant during the case. It is seen that the historical reason why the Swiss legislator has included this lawsuit in the code, is to facilitate the performance of the obligation to apply for registration in the land registry. The lawsuit for enforcement to register in the land registry, which has many theoretical and practical problems and its unique characteristics, has been examined by considering the case law and doctrine in Swiss law. The system difference in the acquisition of movable property, the characteristics of TCC Art. 716, whether this lawsuit can be filed based on the preliminary contract for the real estate sale, the legal nature of the lawsuit, its distinction from similar lawsuits, the legal grounds for the lawsuit, whether the TCC Art. 716 can be applied by analogy to limited real rights, obligations of cancellation and annotation are the main points of the study.