Some Remarks on Leaving the Property

The article concerns with the matter of dereliction of real estate and though reacts on the new provision of civil code, Act. no. 89/2012 Coll., which explicitly regulates the extinction of proprietorship by dereliction with effect since 1. 1. 2014. Above all it focuses on dereliction of real estate through legal act in form of an action, though on the explicit, active abandonment of real estate. In this context it deals foremost with the form of dereliction and question of designation of the point of effect of such legal act. The precise designation of dereliction, though the point of transition of the proprietorship to the abandoned real estate from the former proprietor to the state is crucial regarding the rights and obligations linked with the proprietorship. The legal regulation is yet not clear in this respect. Next to the provisions of new civil code which could be applied on the dereliction of real estate, the article reflects also the related provisions of Cadastral Law and Cadastral Edict. The intent of this contribution is to outline possible application problems and possible ways of solutions of questions which arise in connection with the new active dereliction of real estate, not only with the respect to the way of transition of proprietorship to the state by active abandonment of the real estate itself but mainly with the respect to the possible consequences and derelictions for the new proprietor.