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Acquisition of property from unauthorized person
Ježek, Jakub ; Zvára, Michael (advisor) ; Salač, Josef (referee)
Acquisition of property from unauthorized person Abstract Acquisition of property from unauthorized person, the subject of the thesis, represents an original way of acquiring property rights and breakthrough to the civil law principle nemo plus iuris ad alium transfere potest quam ipse habet - no one can transfer more rights to another than they have themselves (nemo dat rule). The Civil Code allows for the right of ownership to pass to a bona fide transferee under certain conditions, even if from a person who lacked the appropriate authorization to transfer. The legislator thus takes into account, in particular, the protection of good faith as a general principle of law and the fact that, in the case of items not registered in public registers, it is not possible to establish reliably who is the owner. This thesis focuses on the acquisition of ownership rights from unauthorized person to movable property, the aim is to provide a general interpretation of the mentioned institute, to analyze the Civil Code regulation in relation to it and to compare it with foreign legislation. The thesis is divided into four parts, the first of which is devoted to the interpretation of the basic knowledge of civil law doctrine in relation to the subject, the inclusion of the institute in the system of property rights as a...
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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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Good Faith in private obligations
Baier, Jaroslav ; Hendrychová, Michaela (advisor) ; Elischer, David (referee)
in English, key words Title: Good Faith in private obligations Abstract: In this thesis, the importance of the "good faith" in Czech private law and its role after recodification of Czech private law is being studied. The thesis is divided into three key parts. In the first two parts part, we deal with good faith as an open texture, consider the question whether it is a legal principle or not and in the third part, we study the relationship of good faith to selected institutes of Czech private law. The Civil Code significantly reinforces the role of open textures in order to allow for flexibility in an application of a legal norm, and good faith plays an important role in this context. Furthermore, we deal with two aspects of good faith, in the objective and subjective sense. Whilst many academicians see good faith in an objective sense as a standard of conduct in the framework of which everyone must exercise their rights and duties, good faith in its subjective sense is understood by some of the academicians as a state of mind that is endowed with legal protection. In this thesis, we present our view in the sense that we consider good faith as a combination of the two approaches outlined above. We draw this conclusion on the argument that in order to assess whether a person is in good faith or...
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Acquisition of the property right from an unauthorized person
Cmíralová, Natálie ; Lederer, Vít (referee)
The diploma thesis deals with the topic of acquisition of the property right from an unauthorized person, representing an exception to the Roman law principle nemo plus iuris ad alium transferre potest quam ipse habet, which means that no one can transfer more rights to another than he or she has. Acquisition of the property right from an authorized person represents one of the original ways of acquiring the property right, which significantly infringes on constitutionally guaranteed property right. For this reason, it is necessary to subject the legal regulation of acquisition of the property right from an unauthorized person to closer and critical examination and to assessment whether it complies with European standards of legal regulation of acquisition of the property right from an unauthorized person and whether it satisfies the reproaches aimed at previous legal regulation of acquisition of the property right from an unauthorized person, all after nearly six years after the recodification of private law in the Czech Republic. The diploma thesis in its five chapters presents to the reader a presentation of the nature of rights in rem and property right, historical grounds of the acquisition of the property right from an unauthorized person, a thorough analysis of current Czech legal...
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Acquisition of real estate from unlawful possessor comparison of Czech and German legal regulation
Vondrášek, Igor ; Franková, Martina (advisor) ; Stejskal, Vojtěch (referee)
v anglickém jazyce The topic of the thesis is the institute of acquisition of a real estate from a non-entitled person which breaks the traditional principle of Roman law nemo plus iuris ad alium transferre potest quam ipse habet (one cannot transfer to another more rights than they have). The thesis describes, analyses and evaluates particular conditions for acquisition of ownership rights and other rights in rem over a real estate from a non-entitled person, as set out in the Czech and German legal system. The possibility to acquire a real estate from a non-entitled person which is closely connected with the principle of material publicity (public faith) was relegislated as a part of the domestic recodification of private law. The socialist as well as the post-revolutionary law rejected the possibility of a bona fide acquisition of a real estate from a non-entitled person very strictly. However, the recent strengthening of the material publicity of public registers brought a number of ambiguities. Although we cannot foresee the future trends in decision- making practice of the domestic courts in relation to the acquisition of a real estate from a non- entitled person, the German legislation could outline possible solutions of some domestic interpretation problems. After all, the principle of...
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Acquisition of the property right from an unauthorized person
Cmíralová, Natálie ; Lederer, Vít (referee)
The diploma thesis deals with the topic of acquisition of the property right from an unauthorized person, representing an exception to the Roman law principle nemo plus iuris ad alium transferre potest quam ipse habet, which means that no one can transfer more rights to another than he or she has. Acquisition of the property right from an authorized person represents one of the original ways of acquiring the property right, which significantly infringes on constitutionally guaranteed property right. For this reason, it is necessary to subject the legal regulation of acquisition of the property right from an unauthorized person to closer and critical examination and to assessment whether it complies with European standards of legal regulation of acquisition of the property right from an unauthorized person and whether it satisfies the reproaches aimed at previous legal regulation of acquisition of the property right from an unauthorized person, all after nearly six years after the recodification of private law in the Czech Republic. The diploma thesis in its five chapters presents to the reader a presentation of the nature of rights in rem and property right, historical grounds of the acquisition of the property right from an unauthorized person, a thorough analysis of current Czech legal...
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Acquisition of the property right from an unauthorized person
Cmíralová, Natálie ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
The diploma thesis deals with the topic of acquisition of the property right from an unauthorized person, representing an exception to the Roman law principle nemo plus iuris ad alium transferre potest quam ipse habet, which means that no one can transfer more rights to another than he or she has. Acquisition of the property right from an authorized person represents one of the original ways of acquiring the property right, which significantly infringes on constitutionally guaranteed property right. For this reason, it is necessary to subject the legal regulation of acquisition of the property right from an unauthorized person to closer and critical examination and to assessment whether it complies with European standards of legal regulation of acquisition of the property right from an unauthorized person and whether it satisfies the reproaches aimed at previous legal regulation of acquisition of the property right from an unauthorized person, all after nearly six years after the recodification of private law in the Czech Republic. The diploma thesis in its five chapters presents to the reader a presentation of the nature of rights in rem and property right, historical grounds of the acquisition of the property right from an unauthorized person, a thorough analysis of current Czech legal...
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Acquisition of property from an unauthorised person
Kratochvílová, Kateřina ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
130 English Abstract This diploma thesis deals with the issue of acquisition of property from an unauthorised person. Such a possibility deprives the owner of legal protection of his/her ownership rights in favour of protection of good faith of the acquirer, who thus can acquire ownership even though the transferor is a neither an owner nor authorised for any other reason to dispose with the property. The new Civil Code which entered into force on 1 January 2014 introduces new rules governing such situations, while differing significantly from the previous legislation. Legislation which was in effect until 1 January 2014 was inadequate, in particular due to dichotomy between Civil Code and Commercial Code. Another significant deficiency represented the lack of possibility of acquisition of immovable property registered in the cadastral register from an unauthorised person. Material publicity applied only to a limited extent and did not provide sufficient protection to persons who trusted that the rights recorded in the cadastral register also objectively existed. The diploma thesis is divided into six chapters and analyses the institute of acquisition of property from an unauthorised person in its broader context. The first chapter describes ownership right and manners of its acquisition as well as the...
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Pledge over business enterprise and its part
Zabadal, Michal ; Eichlerová, Kateřina (advisor) ; Josková, Lucie (referee)
This thesis focuses on selected interpretation issues accompanying the particular stages of the existence of a pledge over a business enterprise. First, the thesis provides the basic definition of a business enterprise, with an emphasis on the characteristics relevant for the pledge purposes. In addition to the analysis of its legal definition, the thesis comes to defining the business enterprise as a special kind of a collective asset. The text further focuses on the moment the pledge over the business enterprise is created. It concludes that the pledge over the business enterprise itself, including each individual asset forming it, is created upon constitutive registration in the registry of pledges. The centrepiece of the analysis supporting this conclusion is represented by the concept of a business enterprise as a functional unit, which is dealt with as a such by the law, and not only in connection with the creation of a pledge. The next part of the thesis addresses the consequences of this mode of creation of a pledge for the protection of the good faith of third parties. It comes to the conclusion that, if a third party acquires a right in rem to a particular asset forming the pledged business enterprise, in good faith in the absence of its encumbrance, where the pledge over the business...
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Usucaption in the Context of the Civil Law Recodification
Horký, Jakub ; Salač, Josef (advisor) ; Frinta, Ondřej (referee)
Usucaption in the Context of the Civil Law Recodification This master thesis analyzes the concept of usucaption in the context of the recodification of civil law. Its aim is to describe this institute both in its historical context and in the current legislation. It also aims to compare these codifications with each other and try to resolve some of unclear points of interpretation. Usucaption is a legal concept pursuing harmonization of possession as a de facto state with ownership as a legal status, after a specified period of time expires. It is a traditional civil law concept, however it is still relevant today. The master thesis analyzes significant changes in relation to the concept of usucaption, which were introduced by the Czech Civil Code No. 89/2012 Coll. The thesis begins with an introduction, then it proceeds with four main chapters, which are further subdivided into subchapters, and it ends with a conclusion. In the first chapter, I lay out general definitions which are fundamental to the following analysis, namely, I provide a definition of possession, detention and usucaption itself. The second chapter introduces the historical background, starting with a brief description of the concept of usucaption in Roman law, continuing with the codification of usucaption provided by ABGB and...
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