Mgr. Eva Dobrovolná



žPlot of land
žLot
žConstruction
ž   - licenced construction x unauthorized construction
žComponent parts of a thing
žAccessories to a thing
ž

žElasticity of the ownership title
žOwnership titles of all owners have the same legal content and protection (Article 11 of the
Charter of Fundamental Rights and Freedoms)
žOwnership triad:
ž  - the right to use a thing and enjoy its fruits and proceeds
ž  - the right to dispose of a thing
ž  - the right to hold a thing

žoriginal acquisition (confiscation, separation of fruits, creation of a new thing…)
žderivative acquisition (inheritance,purchase and sale, donation, exchange…)
žNo one can transfer more rights to any other person that he or she actually has.
žForms of acquisition of ownership – Section 132 CCC
ž
ž

žImmovable things - entry to the real estate registry!!!
žPurchase contract
ž   - must be in writing and the declarations of the wills of the parties must be on the same
document.
ž - the subject matter and the price are the essential elements of the purchase contract.
- duties of the buyer and of the seller.
ž+ pre-emptive right of purchase
ž   - personal pre-emptive right of purchase
ž   - material pre-emptive right of purchase
ž

žSection 460 and subsequent sections of CCC
žPrinciple of descent x hereditas iacens


žE.g. Decision to cancel and settle common property (Section 142 of CCC) or order to transfer
ownership title to an unauthorised construction (Section 135c (2) of CCC)
žThe ownership is acquired on the day stated in the decision or on the day when the decision comes
into legal effect.

žAccretions of a thing
žPrescription (usucapio) – requirements:
ž   - a competent subject
ž   - a competent subject matter
ž   - lawful possession
ž   - the passage of the period of prescrition
ž     period (3 years movables, 10 years immovables)
ž   - uninterrupted possession for the entire length
ž     of the prescription period
žProcessing
ž….

žAbsolute termination (dectruction or consuption of the thing)
žRelative termination (termination for the former owner, aquisition for the new one)
žTermination on the basis of a manifestation of the will of the existing owner (by contract, by
dereliction of a thing, by destruction of a thing, by consumption)
ž    x
ž Termination indepentent of the will of the existing owner (by cessation of existence of a thing,
by loss of a thing, by death of the owner, by prescription, by desion of a state body)

žAction for the recovery of a thing (real action)
žAction to repel a claim (actio negatoria)
ž

ž,,apportioned“common property x ,,unapportioned“ (joint) common property
ž ideal common property x real common property


ž
ž
žTHANK YOU FOR YOUR ATTENTION!