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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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Russian proverbs and sayings themed "possession" and their Czech and German equivalents
CANDROVÁ, Kristina
Number of pages: 50, Introduction, Theoretical part, Practical part, Conclusion, Bibliography The aim of my bachelor thesis was to find Russian proverbs and sayings concerning fortune. In addition to that, I was trying to look up their appropriate Czech and German equivalents. The bachelor thesis is divided into two parts - theoretical and practical one. The theoretical part is focused on general information about phraselogisms. As for the practical part, you can find there a list of Russian proverbs and sayings completed by their equivalents in the Czech and German language.
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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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Yihetuan 義和團: Militia United in Righteousness as a Religious Movement
Ivan, Robert ; Olivová, Lucie (advisor) ; Chlup, Radek (referee)
Using the perspective of religious studies the thesis analyzes the so called Boxer Uprising that swept the north China in 1900. It briefly summarizes the current state of scholarship and confronts the belief that the Boxers were a secret anti-government movement with connections to the White Lotus sect, or a nationalist movement fighting against the foreigners and the influence of imperialism. The common appellation Boxers refers to the Yihetuan 義和團 movement, but the thesis uses the translation Militia United in Righteousness instead because it better reflects the motives and goals of the movement. The objective of the thesis is to show that the Militia was a popular religious movement that was principally loyalist and fought primarily against the Christianity perceived as a danger to the social structure. Therefore the thesis investigates various aspects of the movement, including spirit possession and rituals of invulnerability, as well as the motives for anti-Christian attitudes. By putting the movement into a broader socio-cultural context it is shown that in order to understand the traditional China it is necessary to understand its religions. That is the reason for the emphasis on correcting misunderstandings concerning the Chinese religions and Qing dynasty (1644-1911). The thesis thus...
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Specific theories of private property in the economic thought of XIX century: the Manifesto of the Communist Party versus Rerum Novarum
Šárková, Kristýna ; Vyhnánek, Tomáš (advisor) ; Skuhrovec, Jiří (referee)
The bachelor thesis compares the Catholic and Marxist understanding of private property as expressed in Rerum Novarum and the Manifesto of the Communist Party. The situation of the lowest class had demeaned during the 19th century to such a level that a large part of society had to face an existential crisis. A continually decreasing wage, alarming working conditions, the non-existence of social security and a high unemployment rate were characteristic for the 19th century. With the rise of mechanical production women and children started playing an active part in the working process, thus escalating the competition on the labour market. Karl Marx's solution written down in the Manifesto was based on abolishing private property and allocating it under collective keeping. On the contrary, the Catholic Church insisted on maintaining private property and emphasized solidarity among social classes. The Church's reaction to the condition of the lowest class and the growing support of communism in Europe was formulated in the first social encyclical Rerum Novarum. The thesis compares both views involved through describing the historical background and understanding of property. The rest of the work deals with a more detailed analysis of the Catholic point of view, followed by a discussion of the application and...
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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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