INPROFORUM 2013

Property Right - its Characteristics and Concepts in Current and New Legislation
Dana Zapletalová, Jiří Tuza

Language: cs
Last modified: 2014-01-14

Abstract


This article deals with the issue of property rights and property, particularly in the context of the ongoing re-codification of private law. Title to belong to the category of fundamental human rights and freedoms, the protection is implemented at both international law and the national law level. Fundamental human rights and freedoms are guaranteed to people in legal terminology individuals. The right to own property but have also legal entities. Subjects of civil rights are natural and legal persons. The state has a civil law relationships character - her legal entities. Legislation property rights contained in the Civil Code, based on the characteristics of property rights, as conceived in the catalogs of human rights, including that the property also committed. The owner may also be restricted in their rights, but only within the limits of the law. The new Civil Code brings some significant changes in both the concept and the scope and content of the legislation. Text of the article deals with the most important changes, comparing them with existing law and certain provisions subjected to criticism. The aim is to draw attention to new concepts and to contribute to the discussion on the ongoing re-codification of private law.


Keywords


Property rights, Fundamental human rights, Civil Code, Re-codification

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