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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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The principal of material publicity in land law
Vondrášek, Igor ; Derlich, Stanislav (advisor) ; Franková, Martina (referee)
The diploma thesis deals with the principle of material publicity in the context of land law. This principle was reintroduced into the domestic legal system as a part of the recodification of private law. The principle of material publicity (the protection of public good faith) has restored a faith in records in public registers, thereby providing protection to an acquirer in good faith who may acquire a property from a non-entitled person under certain legal conditions. With the adoption of the Civil Code, a case-law dispute between the Constitutional Court and the Supreme Court was settled and the principle nemo plus iuris ad ali transferre potest quam ipse habet, which the previous regulation consisted in, was broken. However, the legal effects of material publicity do not work indefinitely, but under certain conditions. A significant part of the thesis is devoted to the explanatory problems associated with them. The crucial condition may be to designate a good faith on the part of the acquirer, which must be assessed in the light of all the circumstances of the case, i.e. objectively. The thesis also includes an analysis of the relevant judicial decisions of the Supreme Court of the Czechoslovak Republic concerning cases in which the good faith of the acquirer was excluded. Due to the absence...
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