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Pledge of a thing of another person according to § 1343 CC
Mališová, Tereza ; Zvára, Michael (referee)
Pledge of a Thing of Another Person According to § 1343 CC Abstract This rigorosum thesis deals with the institute of Pledge of a Thing of Another Person According to § 1343 CC. Eventhough it is not an institute which is new in our legal system, there are still many questions connected to it. Due to the fact that in case that anybody wants to exhaustively grasp any institute, it is necessary to know the historical background of such intitute, the first chapter of this thesis focuses on the historical genesis of the pledge of a thing of another person. This is followed by a chapter in which a comparison of the provisions governing the acquisition of ownership and pledge from unauthorized person is made. Although property rights and pledge are both absolute property rights, the Czech legislator was not inspired by foreign legislation, such as Polish legislation, and did not refer to the analogous application of the provision of acquisition of ownership from an unauthorized person in case of a pledge. On the contrary, for the acquisition of both rights from unauthorized person, the legislator placed explicit legal regulation. However, this has created a situation in which we assess differently very similar circumstances just depending on whether an ownership or a pledge is acquired from an unathorized person....
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