On The Destruction Or Expropriation Of The Real Estate Together With Its Land
I – Upon the destruction or expropriation of the main real estate together with its land:
Article 46 – Condominium ownership shall terminate upon the deletion of the registration record in the condominium registry.
The condominium ownership does not automatically terminate when all independent sections of the main real estate are gathered under the ownership of a single person.
The registry record shall be deleted upon the written request of all condominium owners or the owner who has gathered all independent sections under his ownership, to convert the condominium ownership in the main real estate into ordinary ownership, and that real estate shall be registered according to the land shares connected to the independent sections, by being transferred to a new page in the general registry and by providing a connection with the old records. If there have been changes in the characteristics of the main real estate after the establishment of condominium ownership, these shall also be recorded in the new registry.
If one of the independent sections is registered with a real right or a personal right annotated in the registry, unless that right is deleted from the registry with the consent of the owner of the right, the conversion of the condominium ownership on the main real estate into ordinary ownership and the deletion of the registry record in the condominium registry cannot be requested.
If the owner of the registration right does not consent to the deletion of the registration record, but consents to the transfer of the right only to the property share belonging to the debtor or to all common property shares according to the nature of the right, this right shall be registered in the general registry by transferring it only to all common property shares of the debtor in that real estate, which is subject to the principle of ordinary ownership, without being deleted from the registry.
In the event that the main real estate is completely destroyed together with its land or expropriated, the deletion of the registry record shall be made according to the general provisions.
If the main real estate is expropriated, the expropriation price of each independent section shall be appraised separately, taking into account the land share and attachments to which it is connected, and shall be paid to the owner of that section.