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2008 | 91 | 4 | 267-282

Article title

PROPERTY RIGHT AND TENURE IN THE CZECHOSLOVAK CIVIL LAW IN THE YEARS 1950 -1983 (HISTORICAL LAW STUDY) (Vlastnicke pravo a drzba v ceskoslovenskom obcianskom prave v rokoch 1950 – 1983 (Historickopravna studia))


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The contribution is aimed to the genesis of the legislation on the property right and tenure in former Czechoslovakia after the year 1950 and contains their analysis from the view of three consecutive laws: Civil Code from the year 1950, Civil Code from the year 1964, and amendment of the Civil Code from the year 1982. The work on both civil codes were under strong ideological pressure, therefore the said classic institutes of civil law were subjected to restrictive changes. First in 1950 and then in 1964 the imposition of restrictions on the private ownership continued, and on the contrary so-called socialist ownership in its two forms - state and cooperative ownership - was strongly preferred. The personal ownership and the right of use close to the property right were introduced. The Civil Code from the year 1950 maintained the institute of tenure in the disputable form, while the Civil Code from the year 1964 did not regulate the tenure at all and excluded from the legislation the positive prescription as a way of acquisition of the property right. Only the amendment from the year 1982 returned the tenure and the positive prescription in the legislation. The author criticized the state, in which the institutes of property right and tenure found themselves in the years 1950-1983.


  • Peter Blaho, Katedra rimskeho a cirkevneho prava, Pravnicka fakulta TU, Kollarova 10, Trnava, Slovak Republic, http:www.pravnyobzor.sk


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Publication order reference


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