| Abstract [eng] |
PRINCIPLE OF PUBLIC DISCLOSURE IN MATERIAL LAW This Master thesis analyzes principle of public disclosure in a right in rem. The object of the thesis is to reveal essence and importance of principle of public disclosure by analyzing its individual occurrence aspects: 1) identification of object of rights in rem; 2) disclosure of the content of rights in rem; 3) public disclosure of existence of rights in rem. Therefore principle of public disclosure primarily is revealed through relation with the other principles of rights in rem – numerus clausus and the principle of specifity. In order to obtain a comprehensive analysis of principle of public disclosure this thesis gives an overview of identification of movable, including property rights, and immovable objects and problematics related to this aspect, also discloses the content of property rights, control, as independent rights in rem and limited rights in rem, finally identifies and discusses methods related to public disclosure of the existence of rights in rem – legal registration and control de facto. In view of this we focus not only on the regulation established in the positive law, but at the same time we evaluate and criticize some positions established in court practice related to the above mentioned aspects of principle of public disclosure analyzed in this thesis. |
