The Old Czechoslovakian Civil Code Case Study

1. A)
Not a long time ago, the country was facing an issue regarding private ownership. Prior to 2014, the old Czechoslovakian Civil Code, designed in 1960s was the main legislative document regarding to private ownership. In 2012, the Parliament of the Czech Republic approved a new Civil Code, adjusting some major issues. For instance, the old civil code defined the term ‘building’ as a separate property from the land, therefore it was possible that a house was owned by someone else than the parcel. This situation caused many issues and this lacuna in the law was corrected by the §3054 OZ (Občanský zákoník/Civil Code), which states that an object constructed and attached to the land becomes a component of the tract of land and the same person
The main reasoning for an implementation of the new civil code were the lacunas and gaps that the old codex contained from the period of the Czechoslovak Socialist Republic. Even though the Civil Code was amended after the year 1989, there has been a need to transform it completely. Throughout the transition period when the country was moving from centrally-planned economy towards a free market economy, the Economic Code was abolished and replaced by the new Commercial Code. The same transition applied to other fields of law, but the law regarding land governance was changed with the adoption of the new Civil
B)
The current constitutional order was adopted by the Czech National Council, a legislative body, during the transition period from the Communist era. After the peaceful dissolution of Czechoslovakia in 1993, the Czech Republic decided to keep the original document, written in 1991 in its entirety, as a separate document with the same legal standing as the Constitution. The Czech National Council was transformed into the current version of the Chamber of Deputies.
2. C)
The legislation protecting fundamental rights has roots in the spirit of the post-Communistic transition period. Both, the Czech and Slovak National Councils stressed out the inviolability of the natural rights citizens, the sovereignty of the law, democracy and self-governance, as well as the memory at the fundamental freedoms that were suppressed during the previous era. Article 11. also points out that expropriation or any other limitation upon property rights is authorized in the public interest, on the basis of law, and only for compensation. The definition of immovables is defined in § 498 OZ that immovable things are tracts of land and underground structures with a separate intended purpose, whereas all other things, whether of a corporeal or incorporeal nature, are