Ownership and property in communist Civil Codes of Czechoslovakia

The distribution of property in society is a fundament of communist ideology, which in Czechoslovakia was regulated by two Civil Codes. In the process of reforming the entire legal system, the purpose of both codes was, besides property regulation, also to transform the perception of the importance...

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Main Author: Petr Bělovský
Format: Article
Language:English
Published: Wydawnictwo Naukowe Uniwersytetu Szczecińskiego 2019-01-01
Series:Acta Iuris Stetinensis
Subjects:
Online Access:https://wnus.edu.pl/ais/en/issue/1178/article/18695/
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author Petr Bělovský
author_facet Petr Bělovský
author_sort Petr Bělovský
collection DOAJ
description The distribution of property in society is a fundament of communist ideology, which in Czechoslovakia was regulated by two Civil Codes. In the process of reforming the entire legal system, the purpose of both codes was, besides property regulation, also to transform the perception of the importance of ownership in society and to change the way people think about the role of property. In order to achieve this, the communist legislation introduced brand new property-rights institutions, which were supposed to replace ownership – in particular, the so called ‘use’ (užívání) of property. The ultimate goal of the communist property reform, however, became so-called socialist ownership, which corresponded to the requirements of communist ideology and which existed in public and individual form. This article presents the various types of ownership regulated in the Czechoslovak Civil Codes in the years 1948–1989. It also draws attention to some of the pitfalls of applying different forms of property in legal practice, particularly as regards land. It also points out the difference between the political demands placed on property law legislation and the economic reality of the day, which, among other things, contributed to the gradual weakening of the confidence in the Communist Party of Czechoslovakia and eventually led to the fall of the whole regime.
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spelling doaj.art-529146763361408c97605f957a3e0def2022-12-21T23:25:27ZengWydawnictwo Naukowe Uniwersytetu SzczecińskiegoActa Iuris Stetinensis2083-43732019-01-012710.18276/ais.2019.27-14Ownership and property in communist Civil Codes of CzechoslovakiaPetr Bělovský0Department of Legal History, Faculty of Law, Univerzita Karlova, PrahaThe distribution of property in society is a fundament of communist ideology, which in Czechoslovakia was regulated by two Civil Codes. In the process of reforming the entire legal system, the purpose of both codes was, besides property regulation, also to transform the perception of the importance of ownership in society and to change the way people think about the role of property. In order to achieve this, the communist legislation introduced brand new property-rights institutions, which were supposed to replace ownership – in particular, the so called ‘use’ (užívání) of property. The ultimate goal of the communist property reform, however, became so-called socialist ownership, which corresponded to the requirements of communist ideology and which existed in public and individual form. This article presents the various types of ownership regulated in the Czechoslovak Civil Codes in the years 1948–1989. It also draws attention to some of the pitfalls of applying different forms of property in legal practice, particularly as regards land. It also points out the difference between the political demands placed on property law legislation and the economic reality of the day, which, among other things, contributed to the gradual weakening of the confidence in the Communist Party of Czechoslovakia and eventually led to the fall of the whole regime.https://wnus.edu.pl/ais/en/issue/1178/article/18695/communismownershippropertysocialist propertycivil codeCzechoslovakia
spellingShingle Petr Bělovský
Ownership and property in communist Civil Codes of Czechoslovakia
Acta Iuris Stetinensis
communism
ownership
property
socialist property
civil code
Czechoslovakia
title Ownership and property in communist Civil Codes of Czechoslovakia
title_full Ownership and property in communist Civil Codes of Czechoslovakia
title_fullStr Ownership and property in communist Civil Codes of Czechoslovakia
title_full_unstemmed Ownership and property in communist Civil Codes of Czechoslovakia
title_short Ownership and property in communist Civil Codes of Czechoslovakia
title_sort ownership and property in communist civil codes of czechoslovakia
topic communism
ownership
property
socialist property
civil code
Czechoslovakia
url https://wnus.edu.pl/ais/en/issue/1178/article/18695/
work_keys_str_mv AT petrbelovsky ownershipandpropertyincommunistcivilcodesofczechoslovakia