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KNIHOVNÉ (TABULÁRNE) VYDRŽANIE PRÁVA K NEHNUTEĽNOSTI A REKODIFIKÁCIA OBČIANSKEHO PRÁVA HMOTNÉHO

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Jakubáč R.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2015
|
vol. 98
|
issue 1
41 – 57
EN
The article deals with the theoretical assessment of problems of the institute of library (tabular) endurance of rights and formulates partial conclusions in relation to the recodification of the civil substantive law in relation to this legal institute. The authors of the presented article focus on the analysis of the opinions contained in the literature in relation to this legal institute. The article is dedicated to the historical development of the analyzed issues, as well as its current state and possible legislative formulation in the future. The content of the article also presents the analysis of the legal regulation dealing with the above mentioned legal institute in the relevant legislation in selected European countries - that is the Civil Code of the Federal Republic of Germany (BGB), the Civil Code of Austria (ABGB), the Swiss Civil Code (ZGB), the Liechtenstein Act on Right in Rem, as well as the issue of their legislative basis in the new Czech Civil Code and the Hungarian Civil Code. At the end, the article presents proposals de lege ferenda, specifically some proposals of the relevant provisions of the new Slovak Civil Code. The new Slovak Civil Code could be partially inspired by a foreign legal regulation, in case of receipt of the Institute of library endurance of a right. In case that the receipt of this institute would be done, the legislative fo rmulation could be based on the relevant provisions contained in the German Civil Code (BGB) and the Swiss Civil Code (ZGB).
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