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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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The institution of superficiary right of building in the private law restatement in the Czech Republic
Tichý, Luděk ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
The Institute of the Right to Build in the Context of the Recodification of Private Law in the Czech Republic Abstract This master thesis is devoted to a comprehensive analysis of the legal regulation of the right to build as a legal institute reintroduced into the legal system of the Czech Republic on 1 January 2014 with the entry into force of the Act No. 89/2012 Coll., the Czech Civil Code, including the placing of the right to build in the context of its historical background or its comparison with the corresponding applicable legal regulations of foreign countries, which represent sources of inspiration for the legal regulation in the Czech Republic. The right to build allows, in particular, the construction of a building by the builder on land that is not owned by him, or, in general, allows the builder to have a building on such land. This legal institute represents a special temporary exception of application of the legal principle of superficies solo cedit. The building, which becomes part of the right to build for the duration of the right itself, does not, according to the general rules of law, accrue to the land on which it has been built. In the introductory part, the thesis focuses on a description of the historical legal development of the right to build from its Roman law origins. This is...
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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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Acquisitive prescription in Roman law and its reflection in modern private law codes
Fruthová, Veronika ; Šejdl, Jan (referee)
Acquisitive prescription in Roman law and its reflection in modern private law codes Abstract Acquisitive prescription is a legal institute, which function is to reconcile state of fact with state of law. This institute served especially to acquire ownership for possessor of the thing by lapse of prescribed time, but it should also serve to acquire other laws, such as servitudes. This thesis focuses mainly on Roman law form of acquisitive prescription. In order to properly understand the concept it is essential to percept it in relation to a unique conception of Roman property law including all its specifics and differences from current view on ownership. First part of the thesis is dedicated to Roman ownership concept and its basic characteristics. Subsequent part describes the development through which the acquisitive prescription in Roman law proceeded during its existence. The thesis focuses on particular institutes such as usus auctoritas, usucapio, praescriptio longi temporis and praescriptio longissimi temporis. Firstly a form of acquisitive prescription in ancient and pre-classical era is investigated. The subject of interest here is the term of auctoritas. The next part of the thesis is focused on classical form of acquisitive prescription, where this type of acquisition was termed as usucapio. The...
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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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Acquisitive prescription in Roman law and its reflection in modern private law codes
Fruthová, Veronika ; Skřejpek, Michal (advisor) ; Bělovský, Petr (referee) ; Salák, Pavel (referee)
Acquisitive prescription in Roman law and its reflection in modern private law codes Abstract Acquisitive prescription is a legal institute, which function is to reconcile state of fact with state of law. This institute served especially to acquire ownership for possessor of the thing by lapse of prescribed time, but it should also serve to acquire other laws, such as servitudes. This thesis focuses mainly on Roman law form of acquisitive prescription. In order to properly understand the concept it is essential to percept it in relation to a unique conception of Roman property law including all its specifics and differences from current view on ownership. First part of the thesis is dedicated to Roman ownership concept and its basic characteristics. Subsequent part describes the development through which the acquisitive prescription in Roman law proceeded during its existence. The thesis focuses on particular institutes such as usus auctoritas, usucapio, praescriptio longi temporis and praescriptio longissimi temporis. Firstly a form of acquisitive prescription in ancient and pre-classical era is investigated. The subject of interest here is the term of auctoritas. The next part of the thesis is focused on classical form of acquisitive prescription, where this type of acquisition was termed as usucapio. The...
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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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