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Acquisition of the right of ownership from a non-entitled person
Novák, Matěj ; Lederer, Vít (advisor) ; Frinta, Ondřej (referee)
Acquisition of the right of ownership from a non-entitled person Abstract This thesis deals with the institute of acquisition of the right of ownership from a non- entitled person [acquisition from a non-entitled person]. It is a way of acquiring the right of ownership which represents an exception to the generally applicable Roman law principle "nemo plus iuris ad alium transferre potest, quam ipse habet" - no one can transfer to another more rights than oneself would have. This exception is rationalised by the fact that the acquirer is bona fide regarding the transferor's authority to transfer the ownership. The institute of acquisition from a non-entitled person is then the result of a conflict of values between the original owner and the bona fide acquirer but depending on other circumstances the resolution of this legal issue may differ from case to case. The thesis is divided into four parts, which are further subdivided into chapters and subchapters. The first part presents the theoretical background of the institute of acquisition from a non-entitled person, as it describes the superordinate terms into which it is usually classified or is part of them respectively. In this part, therefore, the rights in rem and the right of ownership are conceptually defined. This part concludes with an analysis of...
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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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Acquisition of the right of ownership to a share in a limited liability company from a non-entitled person
Treutlerová, Hana ; Eichlerová, Kateřina (advisor) ; Josková, Lucie (referee)
and keywords Acquisition of the right of ownership to a share in a limited liability company from a non-entitled person The subject of this thesis is the analysis of the institute of the acquisition of the right of ownership from a non-entitled person in relation to a share in a limited liability company. The thesis analyzes the various aspects of the acquisition from a non-entitled person in relation to the share in a limited liability company on the basis of a share purchase agreement. With regard to the forms of shares in a limited liability company, which in addition to a business share may also be represented by a common certificate, the institute of acquisition from a non-entitled person is analyzed in relation to both forms of shares. The work is based on the identification following by analysis of the main questions, which lead first to find out whether the provisions on acquisition of share from a non-entitled person can be applied. Conclusions will then be applied to each acquisition method according to the relevant provisions on acquisition from a non-entitled person. The thesis is divided into five chapters. The first chapter is devoted to the legal regulation of the transfer of a share in a limited liability company and provides a basic insight into the regulation of a transfer of a...
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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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