Publication details
Glosa k rozhodnutí NS ohledně zákonného předkupního práva dle § 3056 OZ
| Title in English | Gloss on the decision of the Supreme Court regarding the statutory pre-emption right under Section 3056 CC |
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| Authors | |
| Year of publication | 2021 |
| Type | Article in Periodical |
| Magazine / Source | Bulletin advokacie |
| MU Faculty or unit | |
| Citation | |
| Web | Open access časopisu |
| Keywords | statutory pre-emption; transitional provisions; intertemporal law; superficies solo cedit |
| Description | After the adoption of the new Civil Code, Czech case law must also deal with the interpretation of transitional provisions. The new civil law unifies the legal regime of ownership of land and the building on it (superficies solo cedit). In some cases, however, the unification has not been achieved, and for these cases the law provides for mutual pre-emption rights of the owner of the building and the owner of the land. Here the following questions have arisen: can both pre-emption rights coexist, or is it possible for only one of them to have a pre-emption right? How to proceed when the building is located on more than one plot of land at the same time? Does this regime also apply to buildings that are not registered in the Land Registry? The article deals with how the case law has dealt with these issues. |