Journal of the Charles University Law Faculty
David Szostok
Claim as a thing in a legal sense
Jurisprudence 2/2016 Section: Discourse Page: 39-43
Keywords: claim, thing in a legal sense, law in rem
Abstract: The submitted article deals with the concept of a claim as a typical institute of law in personam, however, from the point of view of law in rem, namely due to the fact that a claim acquires this material aspect with the effect of the new Civil Code and is therefore considered a thing in a legal sense. The main objective of the article is to analyze the options for utilising this aspect based on research of the First Czechoslovak Republic doctrine and judicature, which considered a claim as a thing in a legal sense, as well as to compare these conclusions with the current legislation and its controlling principles. The final summary outlines the options for utilising this aspect and the consequences of the concept of a claim as a thing.
