On the judgment of the Supreme Court of the Czech Republic about impossibility of transfer of title from an unauthorised person and its all variations
Abstract
The judgment of the Supreme Court of the Czech Republic ("SC") from October 23, 2013 file no. 30 Cdo 2433/2013, represents the last extensively reasoned decision of NS which "strikes back" at the Constitutional Court of the Czech Republic ("CC") in the current "war of the courts" on protection of good faith in the entry into the Land registry. SC (senate no. 30 Cdo) promotes its thesis that before recodification of civil law there was no possibility of unauthorized acquisition of real estate.
In the meantime, after May 11, 2011 or after February 25, 2009 when the CC took the opportunity to create, or rather to complete generally binding rules of conduct on unauthorized acquisition is such an idea not only wrong, but it also dangerously undermines the consistency of the Czech rule of law and related legal certainty.