Articles and Case Law

A thing can be in exclusive ownership, which means that the owner of the whole thing is one person. A thing can also be in joint ownership of spouses, where each of the spouses is the owner of the whole thing. Finally, a thing can be in joint ownership, where each of the co-owners of the thing owns a certain share of the thing. In our country, any other type of joint ownership than joint ownership or joint ownership is not considered. A typical feature of joint ownership is t

Inheritance from a testator is possible by will or by law . Inheritance by law is considered if the testator did not write a will, or if this will is invalid. The testator is understood to be the person from whom the inheritance is made (i.e. the deceased person). Inheritance by law is also possible partially, i.e. if the will is partially invalid or concerns only part of the inheritance. In this case, part of the inheritance is inherited by will and part by law. At the same

Act No. 40/1964 Coll. Civil Code (hereinafter referred to as the " Civil Code "), in addition to the typical methods of acquiring ownership of a thing under Section 132 of the Civil Code (e.g. based on contractual types such as a purchase contract, a donation contract, etc., or based on the law - inheritance, etc.), also regulates a specific method of acquiring ownership of a thing - acquisitive prescription. Acquisitive prescription is regulated in Section 134 of the Civil C

When assessing a constitutional complaint about delays in the proceedings of ordinary courts , the Constitutional Court takes into account the following criteria: a) the factual and legal complexity of the case on which the court is deciding, b) the conduct of the party to the proceedings (the party to the dispute) (c) court procedure. In relation to the legal and factual complexity of the case, the factual and legal aspects of the dispute are examined in terms of their diffi

The statutory right of pre-emption of co-owners is enshrined in Section 140 of the Civil Code (Act No. 40/1964 Coll., hereinafter referred to as the “Civil Code”). If one of the co-owners wants to sell his co-ownership share in the property, he must offer this co-ownership share for sale to all other co-owners before transferring it to another person. This statutory right of pre-emption does not apply if the co-owner transfers his share to a close person. The definition of a