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Civil Code. Commentary section 1045-1114

Publication at Faculty of Law |
2014

Abstract

The chapter deals with detailed analysis and interpretation of various provisions of the Civil Code no. 89/2012, which govern the acquisition of ownership rights. The interpretation of each provision is tightly structured.

The explanatory message linked to related provisions and the interpretation of the survey. Follow the text is not limited to grammatical interpretation, but also includes theoretical perspectives.

Interpretation highlights the fundamental differences between the current and previous legislation. In the appropriate context is used also views of Roman law.

Due to the relatively frequent absence of case law to the previous legislation, case law is used for general Civil Code. The entire chapter is structured according to the regulation in the Civil Code.

First, it is an interpretation of the occupation, finding, finding hidden things, gain, acquisitive prescription of property, derivative acquisition of property rights, legal migration defects in acquiring things, acquisition of ownership decision organ of state power. The conclusions given in the text are based on a grammatical interpretation and theoretical conclusions, but the use of recent and historical literature and case law.

Interpretation also addresses the numerous issues that new legislation does not provide a clear answer. Answers are therefore searched the literature and case law to the general Civil Code.

Where necessary, the interpretation also focuses on the issue of intertemporal provisions.