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Acquisition of ownership title from a non-entitled person
Vojíř, Jakub ; Janoušková, Anežka (advisor) ; Dvořák, Jan (referee)
Acquisition of ownership title from a non-entitled person This thesis deals with the institute of acquisition of ownership title from a non-entitled person with focus on the acquisition of movable property. The purpose of this institute is to compensate for the lack of the transferor's title to transfer the ownership right in certain justified cases. Acquisition of ownership title from a non-entitled person is an original way of acquiring property right and leads to the breaking of the legal principle nemo plus iuris ad alium transfere potest quam ipse habet - no one can transfer more rights to another than they possess themselves. Although almost ten years have passed since the new legal regulation, which introduced this institute in its current scope into the Czech legal system, has come into force, it is still possible to encounter a number of uncertainties accompanying this legal regulation. It is precisely their numerous occurrences that point to the need for a critical examination of this regulation. The subject is therefore still up to date and the case-law is constantly evolving. In particular, conclusions concerning the requirements of bona fides on the part of the purchaser must be sought primarily in the decision-making practice of the courts. The thesis consists of an introduction, four...
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Acquisition of right in rem from unauthorised person to a thing registered in public register
Cihlář, Matěj ; Zvára, Michael (advisor) ; Salač, Josef (referee)
Acquisition of right in rem from unauthorised person to a thing registered in public register Abstract This thesis deals with the topic of acquisition of the ownership right to immovable property registered in the cadastral register from an unauthorized person on the basis of the provision of Section 984 of the Czech Civil Code. The thesis then focuses on the condition of good faith (bona fides) of the acquirer and its specific conditions in such cases. The thesis is divided into four main chapters. The first chapter is devoted to an overview of the main legal principles that are reflected in this field. The second chapter provides a brief summary of the evolution of the legislation regarding this matter from the First Czechoslovak Republic to the present day. The third chapter is then devoted to the analysis of the good faith of the acquirer, based on the legislation, literature and case law, both current and historical. The fourth chapter then introduces the German legislation and compares the main points on which the legislation and practice in both countries are based. The author concludes that the good faith of the acquirer in the entry in the cadastral register is presumed in the Czech legal environment; however, the courts impose significant requirements on the acquirer to exclude doubts about the...
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The New Lex Mercatoria
Vítek, Michal ; Dobiáš, Petr (advisor) ; Pauknerová, Monika (referee)
NLM Abstract The topic of lex mercatoria does not represent any new nor revolutionary concept for the legal science, on the contrary it is a concept present in the european legal thinking since the middle ages. Despite of that it still remains without a clear and comprehensible theoretical framework thus in a stage of some sort of a legal hypothesis. This rigorous thesis describes in its five chapters the topic of lex mercatoria - specifically its up to date form: New Lex Mercatoria - not as a concept but as an applicable law and within the extent of this thesis attempts to come up with both the reasons for such perspective as well as with those which oppose it. For this reason it answers the following basic questions: Does a clear concept of the New Lex Mercatoria exist? Does such law have the historical continuity? Does such law have any clear distinctivness when compared to the legal orders of national states? Which norms create such legal order and who and under which conditions does enforce them?
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