Petr Bělovský

Context of Possession and Prescription of Ownership in the New Civil Code

Jurisprudence 1/2014 Section: Articles Page: 35-40

Keywords: possession, prescription, Civil Code, Roman law, ABGB

Abstract: The new Civil Code introduces some new institutes. Among them, the concept of possession of ownership, which is to unite the possession of things and rights. The source of inspiration was apparently the civil law doctrine of the first republic, on whose initiative this concept should have been introduced into the the prewar Civil Code. The article describes the origin of possession of rights and its transfer into the possession of ownership. It also points to the fact that this construction has always been subjected to criticism and has never been tested in practice.