Preliminary possession as the institute of public law Cover Image

Predbežná držba ako inštitút verejného práva
Preliminary possession as the institute of public law

Author(s): Ján Ivančík
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Univerzita Palackého v Olomouci_1
Keywords: preliminary possession;expropriation;construction on foreign land

Summary/Abstract: Preliminary possession provokes controversy since its establishment in the Slovak legal order. This legal concept enables public interventions to real estates of third parties even before the end of the expropriation proceeding. The controversy arises also from legal terminology used with this institute, as well as from the fact that it is a legal construct of public law, even it “sounds” otherwise. The aim of this article is to assess the necessity and appropriateness of the introduction of preliminary possession into Slovak law and to evaluate the terminological suitability of the researched institute.

  • Issue Year: 16/2021
  • Issue No: 3
  • Page Range: 92-104
  • Page Count: 13
  • Language: Slovak
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