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Acquisition of right in rem from unauthorised person to a thing registered in public register
Cihlář, Matěj ; Zvára, Michael (advisor) ; Salač, Josef (referee)
Acquisition of right in rem from unauthorised person to a thing registered in public register Abstract This thesis deals with the topic of acquisition of the ownership right to immovable property registered in the cadastral register from an unauthorized person on the basis of the provision of Section 984 of the Czech Civil Code. The thesis then focuses on the condition of good faith (bona fides) of the acquirer and its specific conditions in such cases. The thesis is divided into four main chapters. The first chapter is devoted to an overview of the main legal principles that are reflected in this field. The second chapter provides a brief summary of the evolution of the legislation regarding this matter from the First Czechoslovak Republic to the present day. The third chapter is then devoted to the analysis of the good faith of the acquirer, based on the legislation, literature and case law, both current and historical. The fourth chapter then introduces the German legislation and compares the main points on which the legislation and practice in both countries are based. The author concludes that the good faith of the acquirer in the entry in the cadastral register is presumed in the Czech legal environment; however, the courts impose significant requirements on the acquirer to exclude doubts about the...
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The principle of maintaining the Cadastre of Real Estate in accordance with the actual status
Pastieriková, Laura ; Franková, Martina (advisor) ; Žákovská, Karolina (referee)
The principle of maintaining the Cadastre of Real Estate in accordance with the actual status. Abstract This thesis, under the title The principle of maintaining the Cadastre of Real Estate in accordance with the actual status, deals with the influence of one of the fundamental rules of administration of the public register of real estate on the protection of its desired state. The sub- questions that are particularly addressed in the thesis are the reasons for the existence of situations in which this state is not fully achieved and the means available to remedy it. Based on the answers to these questions, the aim of the thesis is to evaluate the effectiveness of the instruments in which the requirement to apply the principle of keeping the cadastre in accordance with reality is manifested. In accordance with the above-mentioned structure of the issues, the thesis is divided into the corresponding chapters. The introductory chapter serves to define the essence of the cadastre as a public register, list the individual objects of registration and describe their main characteristics, and finally summarize the basic purpose of the establishment of the cadastre. The second chapter deals both with the principle of keeping the cadastre in accordance with the actual state and with other principles, the observance...
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The principal of material publicity in land law
Vondrášek, Igor ; Derlich, Stanislav (advisor) ; Franková, Martina (referee)
The diploma thesis deals with the principle of material publicity in the context of land law. This principle was reintroduced into the domestic legal system as a part of the recodification of private law. The principle of material publicity (the protection of public good faith) has restored a faith in records in public registers, thereby providing protection to an acquirer in good faith who may acquire a property from a non-entitled person under certain legal conditions. With the adoption of the Civil Code, a case-law dispute between the Constitutional Court and the Supreme Court was settled and the principle nemo plus iuris ad ali transferre potest quam ipse habet, which the previous regulation consisted in, was broken. However, the legal effects of material publicity do not work indefinitely, but under certain conditions. A significant part of the thesis is devoted to the explanatory problems associated with them. The crucial condition may be to designate a good faith on the part of the acquirer, which must be assessed in the light of all the circumstances of the case, i.e. objectively. The thesis also includes an analysis of the relevant judicial decisions of the Supreme Court of the Czechoslovak Republic concerning cases in which the good faith of the acquirer was excluded. Due to the absence...
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