Publication details
Jak individualizovat hromadně vyráběnou věc ve vlastnické žalobě?
| Title in English | How to Individualize a Mass-produced Item in Rei Vindicatio Action? |
|---|---|
| Authors | |
| Year of publication | 2024 |
| Type | Article in Periodical |
| Magazine / Source | Právník |
| MU Faculty or unit | |
| Citation | |
| Web | https://www.ilaw.cas.cz/casopisy-a-knihy/casopisy/casopis-pravnik/archiv/2024/2024-10.html?a=3886 |
| Keywords | rei vindicatio action; individualization of the case; certainty of the petition; certainty of the judgment; investigative proof; principle of speciality of rights in rem |
| Description | Pursuant to Section 1041(1) of the Civil Code, the item whose return the claimant seeks must be described in the claim by such features as to distinguish it from other items of the same kind. The case law of the Czech Supreme Court has diluted this requirement to a great extent in the case of mass-produced items, for which a more general (i. e. essentially generic) description is supposedly sufficient. It requires specification only in the event of a successful defence by the defendant that he is in possession of more items corresponding to that generic description. However, resignation to the statutory requirement of individualization of the thing vindicated is not only contrary to the principle of the speciality of property rights, but also fails the rules of civil procedure. Without a proper individualization of the matter, neither the plaintiff’s title nor the defendant’s possession can be proved, the subject-matter of the dispute cannot be defined with sufficient certainty, and even a judgment that is upheld cannot be sufficiently definite to permit a successful execution. The ideas of the case-law concerning the instruments by which the applicant should be allowed to additionally individualize the item (evidence by inspection, explanatory obligation of the party not burdened with the burden of proof) are also unacceptable. The rei vindicatio action can only be brought for the delivery of an item which the claimant can properly individualize. |