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The economic analysis of good faith in the regulation of ownership rights to real estate under the new Civil Code
Vápeníková, Andrea ; Dušek, Libor (advisor) ; Sunega, Petr (referee)
The theme of the thesis is the economic analysis of good faith in the regulation of ownership rights to real estate under the new Civil Code. The new Civil Code No. 89/2012 Sb. entered into force on 1 January 2014, along with it has undergone striking changes also Cadastral Act 256/2013Sb., the new provisions will significantly alter the legal view to the acquisition of title to real estate from unauthorized, tries to protect him, which is one of the biggest differences from the Civil Code No. 40/1964Sb. The theoretical part focuses on the definition and genesis of the concept of good faith, as well as the relationship of good faith with the right of property. The analytical part of the assistance costs recognise with their property rights acquired in good faith , which are due to the length and complexity of litigation, very expensive, and the cost of the occupation of the property shows considerable inefficiency of the old provisions. Conclusion of the thesis analyzes the efforts of lawmakers to find a concordance between adverse-effect principle - protection of property rights acquired in good faith and the principle nemo plus iuris ad alium transferre potest quam ipse habet ( nobody can transfer more rights than he has ) . This objective was fulfilled in theory. However, the case law will show, whether it has been fulfilled in practice and how effective it has become.
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