In favorem restitutionis – teorie a praxe
In favorem restitutionis – Theory and Practice

Summary/Abstract: This article focuses on a shift in the case law of the Constitutional Court in restitution proceedings concerning the historical property of ecclesiastical juridical persons in cases of determining the ownership of the state under section 18, subsection 1 of Act No. 428/2012 Sb., on property settlement with churches and religious societies. Practice of the courts preceding the act, as well as subsequent practice for a limited period, ordered the state and its authorities to act in favorem restitutionis, which was initially largely respected. This article presents several meaningful decisions of the Constitutional Court up to the breakthrough decision of 2018, in which the favour of law in relation to beneficiaries was fundamentally omitted.

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