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Acquisitive prescription, with special emphasis on extraordinary acquisitive prescription
Fischer, Kristián ; Elischer, David (advisor) ; Hrádek, Jiří (referee)
Acquisitive prescription, with special emphasis on extraordinary acquisitive prescription Abstract The topic of the thesis is the traditional private law institution of acquisitive prescription. Although acquisitive prescription has not lost its significance even after the recodification of private law (on the contrary, it has acquired a new meaning in many respects), recent sources do not pay due attention to it and many secrets of acquisitive prescription remain unknown, which this thesis seeks to remedy. The thesis is therefore conceived as a comprehensive treatise on acquisitive prescription, touching upon various aspects of this institution and bringing new insights into the subject. In short, the work is not intended to be a mere compendium of notorieties. The work specifically discusses the historical development of acquisitive prescription, which provides some timeless conclusions. There is also an analysis of the prerequisites for acquisitive prescription under the current Czech Civil Code: the individual passages discuss possession and the quality it must achieve to lead to acquisitive prescription, as well as the rights that can be acquired by prescription, the subjects of acquisitive prescription and the acquisitive prescription period. The work is not based only on a general description but is...
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Possession of other rights than the right of ownership
Valčáková, Alžběta ; Zvára, Michael (advisor) ; Salač, Josef (referee)
The thesis deals with the issue of differentiation of the possession of the right of ownership and the possession of rights different from the right of ownership. The main focus of the work lies in the enumerating the rights that can be held and the analysis of individual conditions of their possession, as well as the analysis of the circumstances of the possession of such rights and model situations. Analyzing of the thesis takes place through an analysis of the individual features and types of possession with a focus on the possession of other rights, as well as through the general legal regulation of the possession of other rights and the development of this institution. Last but not least, the thesis focuses on the protection of the possession of such rights. In a separate chapter, the thesis deals with the possession of copyright and related modern rights, such as rights arising from the functioning of artificial intelligence, where the author polemics the inadequacy of the current legal regulation. The sub-objectives of the thesis include in particular the analysis of individual rights for which the Civil Code does not explicitly allow possession, but nevertheless, based on the general definition of possession, possession is possible. The assumption that the case law of the Czech courts defines the...
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Acquisitive prescription of estate property ownership
Daňková, Lucie ; Šustek, Petr (advisor) ; Salač, Josef (referee)
Acquisitive prescription of estate property ownership Abstract The diploma thesis is dedicated to acquisitive prescription, as one of the originar ways of acquiring ownership rights, focusing on acquiring ownership rights to estate property. The goal of this work is to provide a comprehensive description of the institute of acquisitive prescription with a focus on acquiring ownership rights to estate property, to analyze in detail the changes that occurred in the legislation of acquisitive prescription as a result of the recodification of Czech civil law, and also to evaluate how these changes interfere with the usability of the institute of acquisitive prescription. The diploma thesis is systematically divided into six chapters. In these, it provides a definition of the basic terms directly related to the topic, a historical excursion of acquisitive prescription, which is completed by a detailed analysis of the previous legislation and jurisprudence, an analysis of the current legal regulation of the ordinary acquisitive prescription of the ownership right to estate property, including the re-established institute of extraordinary acquisitive prescription. Furthermore, the work assesses the applicability of the relevant jurisprudence adopted under the previous legislation, evaluates the decision-making...
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Easements
Medunová, Adéla ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
Acquisitive prescription This Master's degree thesis deals with the topic of acquiring the right of ownership by prescription (usucaption). Its aim is to describe the form of the institute in Czech law and to put it into a broader framework. Acquisitive prescription is a means of original acquisition of ownership rights to things. It solves the problem, when possessor does not own the object of the possession. The ownership to the thing is acquired under these conditions: good faith of the possessor, just title, possession for required time. The thesis is composed to five chapters. The introduction summarizes the aims of the study and explains the concept and the structure of the thesis. Chapter One is introductory and defines basic terminology used in the thesis. It describes the concept of things and rights in rem in Czech private law. Then it explains the theory of possession, such as its fundamentals, its meaning and protection provided to the possessor. After that it focuses on definition of ownership and methods of acquiring the right of ownership. This chapter concludes with a short explanation of what is acquisitive prescription and what is its significance. Chapter two focuses on the history of this institute. It highlights the most important aspects of acquisitive prescription in ancient...
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The institute of acquisitive prescription - selected perspectives (a comparison of Czech and German legal regulation and ideational aspects)
Ragužová, Nicole ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Zusammenfassung Diese Diplomarbeit behandelt das traditionelle römischrechtliche Institut der Ersitzung und dessen heutige Regelung im tschechischen und deutschen Recht. Der Schwerpunkt liegt in den unterschiedlichen ideologischen Auffassungen beider Regelungen desselben Rechtsinstituts und dessen Wurzeln im römischen Recht. Für die tschechische Rechtsregelung und Rechtswissenschaft bildet das gültige österreichische bürgerliche Gesetzbuch ABGB, das bis zum Jahre 1950 der tschechoslowakische Zivilkodex war, die wichtigste Inspirationsquelle. Deswegen wird auch dem österreichischen ABGB beträchtlicher Raum gegeben. Das Hauptziel dieser Arbeit ist der Vergleich der unterschiedlichen Wertungsauffassungen in der deutschen und tschechischen Rechtswissenschaft, die die Voraussetzungen und Rechtsfolgen der Ersitzung auf vielen Ebenen beeinflussen. Im Interessenmittelpunkt stehen Streitfragen der Ersitzung und der Vergleich von deren Lösungen in beiden Rechtsordnungen unter Berücksichtigung sowohl der tschechischen Zivilistik der ersten Republik als auch der römischrechtlichen Zivilistik. Systematisch werden in der Arbeit die Regelungen der Ersitzung im römischen, deutschen und tschechischen Recht getrennt behandelt. Der erste Teil der Arbeit fasst die römischrechtliche Regelung zusammen, die in den folgenden...
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The prescription of the ownership rigt
Škráčková, Kateřina ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
This diploma thesis is devoted to the topic of acquiring the right of ownership by prescription (usucaption). The purpose of my thesis is to analyse one of the oldest institutes of the civil law and to clarify its significance in the Czech Law. The content of the thesis is divided into five chapters. A brief introduction is followed by the chapter one, where I have defined some basic concepts, which are related to usucaption and in the conclusion of this chapter I have also defined the term "usucaption" as such. The second chapter is a historical excursion describing the principal periods of the development of the usucaption institute from the Roman law through the Common Civil Code until nowadays. The main part of the thesis is chapter three, which is divided in four subchapters named after the particular presumptions of usucaption. In this headstone of the thesis I on the first place focus on the institute of lawful possession, within which I explain the issue of consideration of a good faith, an excusable mistake and admissibility of the lawful possession so-called "contra tabulas". The second subchapter explains, which subjects of the Civil law are qualified for usucaption and which are, or in the past were, diqualified from usucaption. This part is followed by a investigation of the capacity of movable...
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Acquisition and Protection of Possession in Roman Law
Novák, Marek ; Skřejpek, Michal (advisor) ; Šejdl, Jan (referee)
63 Acquisition and Protection of Possession in Roman Law The purpose of the thesis is to analyse and describe acquisition and protection of possession in Roman Law in detail. Both aspects are closely related and it is appropriate to examine them together. Regulation of acquisition of possession would not be necessary if possession was not protected, protection of possession would be indeterminate if there was not any rules in relation to its acquisition. Description of Roman Law regulation is supported by authentic texts, especially the Corpus Iuris Civilis, the body of law issued under emperor Justinian. The thesis is composed of two fundamental chapters. The first chapter consists of four parts and focuses on acquisition of possession in Roman Law. Firstly, it deals with classification of acquisition of possession as the control intentionally exercised toward a thing, especially the division on occupation and tradition of possession. Then, description of acquisition through an agent according to Roman law follows as well as cases of legal disability to manifest the intention to acquire possession. The second chapter is composed of three parts and deals with protection of possession in Roman Law. It examines the origin of possession and its historical roots, especially interdicts used in relation to public...
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Disturbed possession
Tlapová, Gabriela ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
This diploma thesis "Disturbed possession" deals with the theme of possession and its protection against disturbing. Possession as one of the basic institutes of law has seen several changes in its legal concept on the territory of the Czech Republic in the history. The Civil Code no. 89/2012 Coll. has brought the concept of possession and its protection which is based on the concept of the doctrine of law science from the First republic. As this "new" concept is discontinous with the previous concept of the Civil Code no. 40/1964 Coll. interpretation and application of this new concept will be rather complicated. This thesis firstly tackles the theoretical concept of possession - i.e. what the object of possession is, how the possession is acquired, lost and retained, what qualities there are of lawful possession, who can be the subject of possession. The second part of the thesis describes the historical development of the concept of possession. The last part of the thesis focuses on how possession is described in Civil Code no. 89/2012 Coll. In this part of the thesis characteristic features and nature of trespass are described. This problematics is also mentioned in the view of the Austrian civil law. Key words: Possession, lawful possession, protection of possession, disturbing possession,...
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Interdict protection
Feri, Dominik ; Thöndel, Alexandr (referee)
Interdict protection The aim of this thesis is to cover the complex institute of possession and its protection by means of law, by so called interdict protection. The emphasis is laid on contextual explication and introduction into doctrine of possession. Following topics are explicated: the law of possession in Roman law, doctrine of von Savigny and Ihering, as well as consequent development of doctrine of possession represented by Randa and Krčmář. For the focal point of section regarding substantive law the current legislation on possession is set. The conclusion of this part of the thesis implies that possession is an absolute right not a mere actuality. In the second section of this thesis development of interdict protection is explicated with emphasis laid on protection of possession in the Allgemeines bürgeliches Gesetzbuch and dissatisfactory legislation on possession in the previous civil code. The core of this section of this thesis is descprition of pratical use of interdict protection which is based on analysis of court decisions made since 2014. Related stats provide the answer to the question whether and how the interdict protection of possession is made use of. Keywords Possession, interdict protection, protection of possession, disturbance of possession, interdict proceedings
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Interdict protection
Feri, Dominik ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
Interdict protection The aim of this thesis is to cover the complex institute of possession and its protection by means of law, by so called interdict protection. The emphasis is laid on contextual explication and introduction into doctrine of possession. Following topics are explicated: the law of possession in Roman law, doctrine of von Savigny and Ihering, as well as consequent development of doctrine of possession represented by Randa and Krčmář. For the focal point of section regarding substantive law the current legislation on possession is set. The conclusion of this part of the thesis implies that possession is an absolute right not a mere actuality. In the second section of this thesis development of interdict protection is explicated with emphasis laid on protection of possession in the Allgemeines bürgeliches Gesetzbuch and dissatisfactory legislation on possession in the previous civil code. The core of this section of this thesis is descprition of pratical use of interdict protection which is based on analysis of court decisions made since 2014. Related stats provide the answer to the question whether and how the interdict protection of possession is made use of. Keywords Possession, interdict protection, protection of possession, disturbance of possession, interdict proceedings
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