Publication details

Nález pokladu mezi ABGB a Osnovou OZ z r. 1937 aneb cesta tam a zase zpátky

Title in English The Legal Regulation of Treausure between Austrina Civil Code 1811 and Czechoslowak Proposal Civil Code 1937 Or There and Back Again
Authors

SALÁK Pavel

Year of publication 2013
Type Article in Periodical
Magazine / Source Časopis pro právní vědu a praxi
MU Faculty or unit

Faculty of Law

Citation
Field Law sciences
Keywords Treausure;Archeology ABGB; Austrian civil code 1811;Proposal civil code 1937;ownership
Description The text presents changes of legal regulation of treasure ownership. Whereas the enacted text of ABGB (Austrian Civil Code 1811) divided the treasure in thirds (one of them belonged to the state), since 1846 was the whole treasure divided between the finder and the owner of land (each received one half). This division was taken over in the first draft (1931) of Czechoslovak Civil Code. However, the second draft (1937) reintroduced the division in thirds, but the purpose was different – protection of archaeological discoveries. The value of the discoveries was already not only the value of metal or artistic work, but they served as a source of scientific testimony of live in the period.

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