Possession is the exercise of factual control over a thing, either directly (direct possession) or through another person (indirect possession). Every possessor of a thing or a right has the right to protection from disturbance or deprivation of possession (disturbance of possession). This is a special civil procedure to which specific procedural rules apply. Judicial protection against disturbance or deprivation of possession can be requested by filing a lawsuit within 30 days from the day of learning about the disturbance and the perpetrator (subjective deadline), and no later than one year from the occurrence of the disturbance (objective deadline). After the expiration of these deadlines, the lawsuit for disturbance of possession will be dismissed by the court as untimely. In disputes regarding disturbance of possession of movable property, in addition to the court of general local jurisdiction, the court in the area where the disturbance occurred is also competent (alternative jurisdiction). When it comes to immovable property, the exclusive jurisdiction lies with the basic court in the area where the immovable property is located.
The court provides protection according to the last state of possession and the disturbance that occurred, regardless of the right to possess, the legal basis of possession, or the good faith of the possessor. Even a person who has acquired possession by force, secretly, or by abuse of trust has the right to protection, except against the person from whom possession was acquired in such a manner. The discussion about a lawsuit for disturbance of possession will be limited to discussing and proving the facts of the last state of possession and the disturbance that occurred. Discussion about the right to possess, the legal basis of possession, good faith of the possessor, or claims for compensation for damages is excluded. Depending on whether the disturbance of possession was carried out by deprivation or disturbance, the lawsuit may be directed either at returning the deprived possession and restoring the state that existed before the disturbance of possession occurred, or at the cessation of further disturbance under the threat of a monetary fine.
The plaintiff loses the right to request the enforcement of the court’s decision, which orders the defendant to perform a certain action in the lawsuit for disturbance of possession, if the plaintiff did not request enforcement within 30 days after the expiration of the deadline set by the court for the execution of that action. Independently of the lawsuit for disturbance of possession, judicial protection of possession based on the right to possess can also be requested.