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Acquisition of property from a person other than the owner in Czech and German System of Law
Belová, Petra ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
ACQUISITION OF PROPERTY FROM A PERSON OTHER THAN THE OWNER IN CZECH AND GERMAN SYSTEM OF LAW The purpose of my thesis written on the topic 'Acquisition of property from a person other than the owner in Czech and German System of Law' is to analyse historical development of acquisition from non-owner and its future tendencies. This concept constitutes an exception from the principle of 'no one can transfer a greater right than he himself has'. This work compares current Czech legislation with German system of law, and also with legal regulation of acquisition from non-owner in the new Civil Code, Act No. 89/2012 Sb., which will be effective from January 1st , 2014. The topic is extremely interesting, both for the current effective legislation in this field, which is not entirely satisfactory, and for its topicality due to the adoption of the new Civil Code, which will bring the institute back to the Czech law environment. What is more, it is a fragmented area without a separate comprehensive monograph. The thesis is composed of six chapters, each of them dealing with different aspects connected with the concept and its exceptions. Chapter One is introductory and defines basic terminology used in the thesis. It deals with an ownership generally, with its content and means of acquisitions of property. Chapter...
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Acquisition of property from unlawful possessor
Hradil, Aleš ; Dvořák, Jan (advisor) ; Elischer, David (referee)
ACQUISITION OF PROPERTY FROM UNLAWFUL POSSESSOR In my diploma thesis I deal with the issue of the acquisition of property from unlawful possessor as an exception to the traditional civil law principle nemo plus iuris ad alium transferre potest quam ipse habet (also called as nemo dat rule), the principle, which lays down that no one can transfer more rights than he has himself. The topic is extremely actual since as of 1st of January 2014 the Act No. 89/2012 Coll., The Civil Code, which - in comparison to the previous legislation - provides diametric changes in the understanding and in the legislation of the property acquisition from unlawful possessor, became effective. Until the adoption of the new Civil Code, the legislation in this area was inadequate and due to dichotomy between Civil and Commercial Code it was also fragmented. The thesis is composed of an introduction, five main chapters (which are further divided into sub-chapters) and a conclusion. Each chapter deals with different aspects of acquisition of property from unlawful possessor. In the first introductory part I give my thesis some theoretical fundamentals and define basic terminology used in this paper: property, good faith. I'm also trying to analyze nemo plus iuris principle and conflict of protection of property rights with the...
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Evolution and transformation of the legal institute acquistion from a non-owner in czech countries
Punčochář, Jiří ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
Cizojazyčné resumé The aim of the thesis "Evolution and Transformation of Acquisition from a Non-owner in the Czech countries" is to conduct a thorough analysis of the historical evolution of this legal institute in the Czech countries. At the beginning, the thesis pursues the general interpretation of this legal institute which is an exception of the principle "nemo plus iuris". The thesis covers a legislation which was valid in a Roman law, and then the modern historical roots of Acquisition from a Non-owner in old German law. Legislation of the Middle Ages period in the Czech countries is covered as well. Further, the thesis is devoted to the problem of acquisition from a non-owner in adopted civil codes or their proposals in the territory of the Czech countries. More detailed description is included in the chapters pursuing the legislation in the Codex Theresianus and in the Allgemeines bürgerliches Gesetzbuch (ABGB). The legislation of the latter engages in prominent representatives of jurisprudence of that era as well as judiciary practice. Subsequently, the attention focuses on proposals which appeared in the inter-war period. A historical part of the thesis continues with the legislation in so called Middle Civil Code. Finally, the thesis encompasses the legal regulations of the studied institute in...
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Acquisition of property from unauthorized person
Talacko, Petr ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
In this diploma thesis, I deal with the institute of acquiring from unauthorized person., which is breaking of Roman principle nemo plus iuris ad alium transferre potest quam ipse habet. In English it means, that no one can transfer to someone else more rights, than he has himself. Also, the acquisition form unauthorized person is interfering to the constitutionally guaranteed rigth to own the property. Therefore the legislation must adequatly reflect this fact, but it has not always been so. In diploma thesis I deal mainly with the development of this institute, principles, which are connected with this institute and especially with the analysis and description of current legal regulation. The thesis is divided into four chapters and introduction. The chapters are further divided to subchapters, which deal with the theme in more detail. The work ends with conclusion. In the first chapter, I deal with the general issue of material rights. Then, I deal with the institute of ownership, its constitutional basis, the definition and also the ways, in which the ownership can be acquired. The second chapter is about the historical evolution of acquisition from unauthorized person. I analyze first the period of Roman law, and I emphasize the principle of nemo plus iuris. Than I continue through the...
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Acquisition of property from a person not authorised to dispose of it
Máchová, Šárka ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
Erwerb vom Nichtberechtigten Diese Arbeit beschäftigt sich mit der Problematik des Erwerbs des Eigentums vom Nichtberechtigten, das ein Durchbrechen des Prinzips, dass niemand mehr Recht übertragen kann, als er selbst hat, vorstellt. Das Problem wird sowohl aus der juristisch-theoretischen Sicht als auch aus der juristisch-philosophischen behandelt, wenn der Konflikt zwischen dem Schutz des guten Glaubens, des Verkehrsschutzes und dem Schutz des Eigentums, als ein das in der Charta verankerten Grundrechte, gelöst wurde. Das gegenwärtige Bürgerliche Gesetzbuch führt das Institut des gutgläubigen Erwerbs wieder in die tschechische Rechtsordnung ein und das sowohl für die Rechtsgeschäfte zwischen Kaufleuten als auch zwischen Zivil-Personen. Zu dieser Problematik wurde schon vieles verfasst. Nichts desto trotz gibt es immer noch Streitfragen in diesem Bereich. Im Zusammenhang mit der neuen Regelung entstand auch eine Reihe von Teilproblemen, auf die hinzudeuten ist. Einige von ihnen wurden unter anderem durch einige Mängel in der tschechischen Regelung verursacht, die in den Kontrast zu der besser durgeführten deutschen Regelung gestellt wurden. Die folgende Arbeit ist in vier Hauptkapitel gegliedert, die weiter in Unterkapiteln geteilt wurden. Das erste Kapitel widmet sich den theoretischen Grundbegriffen, wie...
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Acquisition of property from unlawful possessor
Hradil, Aleš ; Dvořák, Jan (advisor) ; Elischer, David (referee)
ACQUISITION OF PROPERTY FROM UNLAWFUL POSSESSOR In my diploma thesis I deal with the issue of the acquisition of property from unlawful possessor as an exception to the traditional civil law principle nemo plus iuris ad alium transferre potest quam ipse habet (also called as nemo dat rule), the principle, which lays down that no one can transfer more rights than he has himself. The topic is extremely actual since as of 1st of January 2014 the Act No. 89/2012 Coll., The Civil Code, which - in comparison to the previous legislation - provides diametric changes in the understanding and in the legislation of the property acquisition from unlawful possessor, became effective. Until the adoption of the new Civil Code, the legislation in this area was inadequate and due to dichotomy between Civil and Commercial Code it was also fragmented. The thesis is composed of an introduction, five main chapters (which are further divided into sub-chapters) and a conclusion. Each chapter deals with different aspects of acquisition of property from unlawful possessor. In the first introductory part I give my thesis some theoretical fundamentals and define basic terminology used in this paper: property, good faith. I'm also trying to analyze nemo plus iuris principle and conflict of protection of property rights with the...
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Evolution and transformation of the legal institute acquistion from a non-owner in czech countries
Punčochář, Jiří ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
Cizojazyčné resumé The aim of the thesis "Evolution and Transformation of Acquisition from a Non-owner in the Czech countries" is to conduct a thorough analysis of the historical evolution of this legal institute in the Czech countries. At the beginning, the thesis pursues the general interpretation of this legal institute which is an exception of the principle "nemo plus iuris". The thesis covers a legislation which was valid in a Roman law, and then the modern historical roots of Acquisition from a Non-owner in old German law. Legislation of the Middle Ages period in the Czech countries is covered as well. Further, the thesis is devoted to the problem of acquisition from a non-owner in adopted civil codes or their proposals in the territory of the Czech countries. More detailed description is included in the chapters pursuing the legislation in the Codex Theresianus and in the Allgemeines bürgerliches Gesetzbuch (ABGB). The legislation of the latter engages in prominent representatives of jurisprudence of that era as well as judiciary practice. Subsequently, the attention focuses on proposals which appeared in the inter-war period. A historical part of the thesis continues with the legislation in so called Middle Civil Code. Finally, the thesis encompasses the legal regulations of the studied institute in...
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Acquisition of property from a person other than the owner in Czech and German System of Law
Belová, Petra ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
ACQUISITION OF PROPERTY FROM A PERSON OTHER THAN THE OWNER IN CZECH AND GERMAN SYSTEM OF LAW The purpose of my thesis written on the topic 'Acquisition of property from a person other than the owner in Czech and German System of Law' is to analyse historical development of acquisition from non-owner and its future tendencies. This concept constitutes an exception from the principle of 'no one can transfer a greater right than he himself has'. This work compares current Czech legislation with German system of law, and also with legal regulation of acquisition from non-owner in the new Civil Code, Act No. 89/2012 Sb., which will be effective from January 1st , 2014. The topic is extremely interesting, both for the current effective legislation in this field, which is not entirely satisfactory, and for its topicality due to the adoption of the new Civil Code, which will bring the institute back to the Czech law environment. What is more, it is a fragmented area without a separate comprehensive monograph. The thesis is composed of six chapters, each of them dealing with different aspects connected with the concept and its exceptions. Chapter One is introductory and defines basic terminology used in the thesis. It deals with an ownership generally, with its content and means of acquisitions of property. Chapter...
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