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Acquisition of the right of ownership from a non-entitled person
Novák, Matěj ; Lederer, Vít (advisor) ; Frinta, Ondřej (referee)
Acquisition of the right of ownership from a non-entitled person Abstract This thesis deals with the institute of acquisition of the right of ownership from a non- entitled person [acquisition from a non-entitled person]. It is a way of acquiring the right of ownership which represents an exception to the generally applicable Roman law principle "nemo plus iuris ad alium transferre potest, quam ipse habet" - no one can transfer to another more rights than oneself would have. This exception is rationalised by the fact that the acquirer is bona fide regarding the transferor's authority to transfer the ownership. The institute of acquisition from a non-entitled person is then the result of a conflict of values between the original owner and the bona fide acquirer but depending on other circumstances the resolution of this legal issue may differ from case to case. The thesis is divided into four parts, which are further subdivided into chapters and subchapters. The first part presents the theoretical background of the institute of acquisition from a non-entitled person, as it describes the superordinate terms into which it is usually classified or is part of them respectively. In this part, therefore, the rights in rem and the right of ownership are conceptually defined. This part concludes with an analysis of...

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