A (jegyzői) birtokvédelem és annak komplex jogi természete

Abstract

The purpose of our study – parallel with the presentation of the complexity of the protection of possession by the municipal clerk – is to examine whether this legal institution does indeed fall outside the scope of administrative actions. The question requires the consideration of many aspects, and despite appearances, its importance is not only theoretical but also practical. Our starting point is the Constitutional Court Decision No. 120/B/2001. We try to refute its content relevant to our subject by searching and examining the relevant legal legislation and literature and by proposing independent ideas. Contrary to the general notion and similarly to some other authors: we consider the protection of possession by the municipal clerk an administrative procedure.