Publication details
Žaloby na určení vlastnického práva k nemovitostem - právo na přístup k soudu versus šikana
| Title in English | Actions in cadastral registrated realty - right to the access to the court versus chicane |
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| Authors | |
| Year of publication | 2010 |
| Type | Article in Proceedings |
| Conference | COFOLA 2010 |
| MU Faculty or unit | |
| Citation | |
| Field | Law sciences |
| Keywords | action in realty; real estate cadastre; interim measure; right to the access to the court |
| Description | This paper points out to not rare abuse of taking of chicane court actions regarding to the cadastral registrated realty. Such an action has almost no limitations for the plaintiff (unlike the proposal for interim measure where the bond prescribed by § 75b o.s.ř. is usually required). However, for the defendant (the person registrated as owner in the real estate cadastre) imply from such actions in realty an immense consequences, since he is practically robed of the feasibility to dispose of the real estate. The described situation implicates occurrence of blackmail practices which are unfortunately only seldom treated by the criminal law. The author of this paper is trying to find an optimal balance between the two requests of the legal state, i.e. the right to the access to the court on one hand and the protection against chicane actions on the other hand. |