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Acquisition of right in rem from unauthorised person to a thing registered in public register
Cihlář, Matěj ; Zvára, Michael (advisor) ; Salač, Josef (referee)
Acquisition of right in rem from unauthorised person to a thing registered in public register Abstract This thesis deals with the topic of acquisition of the ownership right to immovable property registered in the cadastral register from an unauthorized person on the basis of the provision of Section 984 of the Czech Civil Code. The thesis then focuses on the condition of good faith (bona fides) of the acquirer and its specific conditions in such cases. The thesis is divided into four main chapters. The first chapter is devoted to an overview of the main legal principles that are reflected in this field. The second chapter provides a brief summary of the evolution of the legislation regarding this matter from the First Czechoslovak Republic to the present day. The third chapter is then devoted to the analysis of the good faith of the acquirer, based on the legislation, literature and case law, both current and historical. The fourth chapter then introduces the German legislation and compares the main points on which the legislation and practice in both countries are based. The author concludes that the good faith of the acquirer in the entry in the cadastral register is presumed in the Czech legal environment; however, the courts impose significant requirements on the acquirer to exclude doubts about the...

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