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Acquisition of property from unauthorized person
Ježek, Jakub ; Zvára, Michael (advisor) ; Salač, Josef (referee)
Acquisition of property from unauthorized person Abstract Acquisition of property from unauthorized person, the subject of the thesis, represents an original way of acquiring property rights and breakthrough to the civil law principle nemo plus iuris ad alium transfere potest quam ipse habet - no one can transfer more rights to another than they have themselves (nemo dat rule). The Civil Code allows for the right of ownership to pass to a bona fide transferee under certain conditions, even if from a person who lacked the appropriate authorization to transfer. The legislator thus takes into account, in particular, the protection of good faith as a general principle of law and the fact that, in the case of items not registered in public registers, it is not possible to establish reliably who is the owner. This thesis focuses on the acquisition of ownership rights from unauthorized person to movable property, the aim is to provide a general interpretation of the mentioned institute, to analyze the Civil Code regulation in relation to it and to compare it with foreign legislation. The thesis is divided into four parts, the first of which is devoted to the interpretation of the basic knowledge of civil law doctrine in relation to the subject, the inclusion of the institute in the system of property rights as a...
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Acquisition of the property right from an unauthorized person
Cmíralová, Natálie ; Lederer, Vít (referee)
The diploma thesis deals with the topic of acquisition of the property right from an unauthorized person, representing an exception to the Roman law principle nemo plus iuris ad alium transferre potest quam ipse habet, which means that no one can transfer more rights to another than he or she has. Acquisition of the property right from an authorized person represents one of the original ways of acquiring the property right, which significantly infringes on constitutionally guaranteed property right. For this reason, it is necessary to subject the legal regulation of acquisition of the property right from an unauthorized person to closer and critical examination and to assessment whether it complies with European standards of legal regulation of acquisition of the property right from an unauthorized person and whether it satisfies the reproaches aimed at previous legal regulation of acquisition of the property right from an unauthorized person, all after nearly six years after the recodification of private law in the Czech Republic. The diploma thesis in its five chapters presents to the reader a presentation of the nature of rights in rem and property right, historical grounds of the acquisition of the property right from an unauthorized person, a thorough analysis of current Czech legal...
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Acquisition of the property right from an unauthorized person
Cmíralová, Natálie ; Lederer, Vít (referee)
The diploma thesis deals with the topic of acquisition of the property right from an unauthorized person, representing an exception to the Roman law principle nemo plus iuris ad alium transferre potest quam ipse habet, which means that no one can transfer more rights to another than he or she has. Acquisition of the property right from an authorized person represents one of the original ways of acquiring the property right, which significantly infringes on constitutionally guaranteed property right. For this reason, it is necessary to subject the legal regulation of acquisition of the property right from an unauthorized person to closer and critical examination and to assessment whether it complies with European standards of legal regulation of acquisition of the property right from an unauthorized person and whether it satisfies the reproaches aimed at previous legal regulation of acquisition of the property right from an unauthorized person, all after nearly six years after the recodification of private law in the Czech Republic. The diploma thesis in its five chapters presents to the reader a presentation of the nature of rights in rem and property right, historical grounds of the acquisition of the property right from an unauthorized person, a thorough analysis of current Czech legal...
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Acquisition of the property right from an unauthorized person
Cmíralová, Natálie ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
The diploma thesis deals with the topic of acquisition of the property right from an unauthorized person, representing an exception to the Roman law principle nemo plus iuris ad alium transferre potest quam ipse habet, which means that no one can transfer more rights to another than he or she has. Acquisition of the property right from an authorized person represents one of the original ways of acquiring the property right, which significantly infringes on constitutionally guaranteed property right. For this reason, it is necessary to subject the legal regulation of acquisition of the property right from an unauthorized person to closer and critical examination and to assessment whether it complies with European standards of legal regulation of acquisition of the property right from an unauthorized person and whether it satisfies the reproaches aimed at previous legal regulation of acquisition of the property right from an unauthorized person, all after nearly six years after the recodification of private law in the Czech Republic. The diploma thesis in its five chapters presents to the reader a presentation of the nature of rights in rem and property right, historical grounds of the acquisition of the property right from an unauthorized person, a thorough analysis of current Czech legal...
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Hereditary succession of a real property as a kind of ownership acquisition
Pacovský, Martin ; Spirit, Michal (advisor) ; Češková, Marie (referee)
The thesis describes hereditary succession as a kind of ownership acquisition. Firstly, it deals with the overall nature of ownership, distinct ways of its acquisition, as well as explains the term real property. The next part of the work is dedicated to law of succession from both material and procedural points of view. Within the framework of inheritance proceedings, the main attention is devoted to a notary acting as a court commissioner. The matters of inheritance procedures with real property being their subjects and issues connected with the subsequent ownership acquisition of such property are discussed separately. The part of the problem also concerns inheritance tax (succession, death duty). The practical part concentrates on two individual examples from legal practice. The first one illustrates a property assessment, which brings a statement of an estate agency in relation to a regular price of a real estate for purposes of inheritance proceedings. The second example shows significant differences in the ownership structure and following inheritance settlement on succession of a cooperative share in a housing co-operative.
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