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Co-ownership and security interest
Žáček, Lukáš ; Hendrychová, Michaela (advisor) ; Lederer, Vít (referee)
1 Co-ownership and lien English abstract The work was devoted to the examination of the specific relationship between two fundamental legal institutes, namely co-ownership and a lien, whereas the results of this work brought new findings in this area. The aim of this work was twofold. First aim was to find out whether there are arguments supporting common claim that an ideal co-ownership share may be the subject of a lien. Second aim was to examine whether a lien to a thing that is subject to co-ownership and a lien to an ideal co-ownership share regarding the same thing can exist next to each other at the same time and, if so, how those liens affect each other. In order to explain the problems addressed by this work and to find a solution to both problems, the valid legal regulation was interpreted by use of the linguistic, logical, comparative, systematic, teleological and historical method. This interpretation was further supported by the analysis of opinions expressed in relation to the partial points of the problem addressed, both in case law and in the literature. These opinions were also compared to each other in order to determine which of them would work best in the simulation of an argumentative exchange. However, the opinions expressed so far have proved to be insufficient to address either of...
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