Property right acquisition from an unentitled person in the new Czech Civil Code

Abstract

This article deals with the issue of property right acquisition from an unentitled person. It is in fact a breach of fundamental legal principle “nemo plus iuris ad alium transferre potest quam ipse habet”. Currently there is a great difference between decision practice of the Supreme Court of the Czech Republic on one side and decision practice of the Constitutional Court of the Czech republic on the other side. Whereas the Supreme Court of the Czech Republic insists on abovementioned traditional principle, the Constitutional Court of the Czech Republic allows breaching of this principle giving preference to a good faith of the acquirer. The new Czech Civil Code favors the conclusions of the Constitutional Court of the Czech Republic.