Ochrana vlastnictví a sousedská práva
Protection of Property and Neighbour’s Rights

Summary/Abstract: As suggested in the title, the topic of this article is a short discourse on the legal remedies of the protection of property rights and neighbour’s rights. The article is divided into two main parts. The first part is a brief introduction into the subject. It also delineates the legal framework governing this area. In terms of civil acts, we can classify the legal remedies of the protection of property rights into general and special ones. The general legal remedies are the protection provided by state bodies, particularly provided by courts of law, the protection provided by public authorities, e.g. municipal offices and self-help. The special legal remedies of the protection of the property rights are so called actions of detinue - action of detinue - reivindication and action to refrain wrongful encroachment against the property rights. There is a possibility to bring another kind of action according to the particular occurences, e.g. the declaratory action. The second part focuses on the question of immision restrictions and so called statutory real burdens. The immission means the exercise of one’s rights, where the exercise exceedingly infringes upon the property rights of someone beyond usual circumstances. This restriction comes out of the so called neighbour’s rights.

• Details
• Contents