Stát jako subjekt vlastnického a jiných majetkových práv v nové právní úpravě (vybrané otázky I)
The state as the subject of ownership right and other property rights within the new legal regulation (selected issues)

Summary/Abstract: The article analyzes the new Czech legal regulation of the state as the subject of ownership right and other property rights. The key issue is represented by the fact that since 1 January 2001 these rights are performed by two types oj "subjects" (executors) that differ as far as their quality is concerned. The first type of executor of the subject rights is re­presented by "state organizational sectorst". These are organizations that are not independent legal subjects. Since this is a new institute in the current legal regu­lation, the "organizational sectors" are first defined. What jollows is a specification of the position and fe­atures of these sectors, and a critical analysis of the current regulation that does not often conform to theír merely organizational character and treats them as if they were independent legal subjects. The other type oj subject oj the state's property rights within the Czech law is still represented, though in a slightly modified way, by "state organizations". This rehashed institute represents special (incompetent as far as ownership is concerned) legal entities that ne­vertheless deal with the property of the state on their own behalf and responsibility. Investigations into the current legal regulation of the state organizations re­vealed the fact that their being sovereign legal entities is not - in the attempts at accommodation of the ways the state organizations and the organizational sectors deal with the property of the state - adequately respec­ted. In other words, in the case of the state organi­zational sectors the positive law does not consistently refiect their organizational character; and in the case of the state organizations it does not consistently re­fiect their "legal" character.

• Details
• Contents