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Interdict protection The aim of this thesis is to cover the complex institute of possession and its protection by means of law, by so called interdict protection. The emphasis is laid on contextual explication and introduction into doctrine of possession. Following topics are explicated: the law of possession in Roman law, doctrine of von Savigny and Ihering, as well as consequent development of doctrine of possession represented by Randa and Krčmář. For the focal point of section regarding substantive law the current legislation on possession is set. The conclusion of this part of the thesis implies that possession is an absolute right not a mere actuality. In the second section of this thesis development of interdict protection is explicated with emphasis laid on protection of possession in the Allgemeines bürgeliches Gesetzbuch and dissatisfactory legislation on possession in the previous civil code. The core of this section of this thesis is descprition of pratical use of interdict protection which is based on analysis of court decisions made since 2014. Related stats provide the answer to the question whether and how the interdict protection of possession is made use of. Keywords Possession, interdict protection, protection of possession, disturbance of possession, interdict proceedings |
