Držba v novém pojetí

Abstract

The article deals with the re-established approach to possession in the Czech law. Attention is paid to the definition of the object of possession and the honesty in the law of possession. The article analyses the re-established concept of honesty in the law of possession in relation to the historical legal framework on the current territory of the Czech Republic and in relation to the Austrian law. The article also refers to the new institute of extraordinary prescription and itʼs relation to the law of possession in general and to ordinary prescription. It’s also refers to the relationship between the legal framework of possession and unjust enrichment, whereas the relationship between these concepts is not solved in a completely satisfactory way.