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The prescription of the ownership rigt
Škráčková, Kateřina ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
This diploma thesis is devoted to the topic of acquiring the right of ownership by prescription (usucaption). The purpose of my thesis is to analyse one of the oldest institutes of the civil law and to clarify its significance in the Czech Law. The content of the thesis is divided into five chapters. A brief introduction is followed by the chapter one, where I have defined some basic concepts, which are related to usucaption and in the conclusion of this chapter I have also defined the term "usucaption" as such. The second chapter is a historical excursion describing the principal periods of the development of the usucaption institute from the Roman law through the Common Civil Code until nowadays. The main part of the thesis is chapter three, which is divided in four subchapters named after the particular presumptions of usucaption. In this headstone of the thesis I on the first place focus on the institute of lawful possession, within which I explain the issue of consideration of a good faith, an excusable mistake and admissibility of the lawful possession so-called "contra tabulas". The second subchapter explains, which subjects of the Civil law are qualified for usucaption and which are, or in the past were, diqualified from usucaption. This part is followed by a investigation of the capacity of movable...
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