The state as the subject of ownership right and other property rights within the new legal regulation (selected issues)
Vol.9,No.2(2001)
Abstract
Pages:
123–129
The article analyzes the new Czech legal regulation of the state as the subject of ownership right and other property rights. The key issue is represented by the fact that since 1 January 2001 these rights are performed by two types oj "subjects" (executors) that differ as far as their quality is concerned.
The first type of executor of the subject rights is represented by "state organizational sectorst". These are organizations that are not independent legal subjects. Since this is a new institute in the current legal regulation, the "organizational sectors" are first defined. What jollows is a specification of the position and features of these sectors, and a critical analysis of the current regulation that does not often conform to theír merely organizational character and treats them as if they were independent legal subjects.
The other type oj subject oj the state's property rights within the Czech law is still represented, though in a slightly modified way, by "state organizations". This rehashed institute represents special (incompetent as far as ownership is concerned) legal entities that nevertheless deal with the property of the state on their own behalf and responsibility. Investigations into the current legal regulation of the state organizations revealed the fact that their being sovereign legal entities is not - in the attempts at accommodation of the ways the state organizations and the organizational sectors deal with the property of the state - adequately respected. In other words, in the case of the state organizational sectors the positive law does not consistently refiect their organizational character; and in the case of the state organizations it does not consistently refiect their "legal" character.
The first type of executor of the subject rights is represented by "state organizational sectorst". These are organizations that are not independent legal subjects. Since this is a new institute in the current legal regulation, the "organizational sectors" are first defined. What jollows is a specification of the position and features of these sectors, and a critical analysis of the current regulation that does not often conform to theír merely organizational character and treats them as if they were independent legal subjects.
The other type oj subject oj the state's property rights within the Czech law is still represented, though in a slightly modified way, by "state organizations". This rehashed institute represents special (incompetent as far as ownership is concerned) legal entities that nevertheless deal with the property of the state on their own behalf and responsibility. Investigations into the current legal regulation of the state organizations revealed the fact that their being sovereign legal entities is not - in the attempts at accommodation of the ways the state organizations and the organizational sectors deal with the property of the state - adequately respected. In other words, in the case of the state organizational sectors the positive law does not consistently refiect their organizational character; and in the case of the state organizations it does not consistently refiect their "legal" character.
123–129
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