VZNIK A MIESTO VECNÉHO PRÁVA V SÚKROMOPRÁVNOM PORIADKU (II. ČASŤ)

• Authors: Ján Lazar

Title variants

EN

Origin and place of the law of property in the private law code (Part two)

• Languages of publication: SK

Abstracts

EN

Among others the interpretations in the second part deal with the law of property in the transforming states of Central and East Europe. It is typical that all these states, which belonged to the sphere of socialist law until 1989, adopted legislative measures toward restoration of the regular category of the law of property already in the first phase of the fundamental social changes, which meant a transformation of the political, economic and legal system of society. The restoration became a fundamental part of the return to the private law code and a prerequisite of the introduction of market economy. In this wider socio-political context, the author provides interpretations of the private law reform in these states, including general description of the new regulation of the law of property. The reform itself was implemented or is under implementation in the individual national legislations through new codification of private law or through special laws regulating the basic areas of private law. The first group comprises states, which already adopted new civil codes: Russia, Ukraine, Lithuania, Estonia, Romania and Czech Republic. Poland and Slovakia, where intensive work on new private law code is being carried out as a part of the completitions of the legislative process, can also be include in the first group. The second group comprises in particular state of the former Yugoslavia: Croatia, Slovenia, Serbia and Bosnia and Herzegovina. Finally, for comparison purposes, the article briefly addresses the law of property in the second large system of law, which is partially applied in the European legal area – Anglo-American law.

Keywords

EN

LAW OF PROPERTY; CIVIL CODE; PRIVATE LAW CODE; CENTRAL EUROPE; EAST EUROPE

• Publisher: Institute of State and Law of the Slovak Academy of Sciences
• Journal: Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
• Year: 2015
• Volume: 98
• Issue: 6
• Pages: 545 – 559

Contributors

author

Ján Lazar

• Právnická fakulta Trnavskej univerzity, Trnava, Slovak Republic