Ownership and Property in Communist Civil Codes of Czechoslovakia

• Main Author: Petr Bělovský
• Format: Article
• Language: English
• Published: Wydawnictwo Naukowe Uniwersytetu Szczecińskiego 2019-01-01
• Series: Acta Iuris Stetinensis
• Subjects: communism; ownership; property; socialist property; civil code; Czechoslovakia
• Online Access: https://wnus.edu.pl/ais/pl/issue/1177/article/18683/

The distribution of property in society is a fundament of communist ideology, which in Czechoslovakia was regulated by two Civil Codes. In the process of reforming the entire legal system, the purpose of both codes was, besides property regulation, also to transform the perception of the importance of ownership in society and to change the way people think about the role of property. In order to achieve this, the communist legislation introduced brand new property-rights institutions, which were supposed to replace ownership – in particular, the so-called ‘use’ (užívání) of property. The ultimate goal of the communist property reform, however, became so-called socialist ownership, which corresponded to the requirements of communist ideology and which existed in public and individual form. This article presents the various types of ownership regulated in the Czechoslovak Civil Codes in the years 1948–1989. It also draws attention to some of the pitfalls of applying different forms of property in legal practice, particularly as regards land. It also points out the difference between the political demands placed on property law legislation and the economic reality of the day, which, among other things, contributed to the gradual weakening of the confidence in the Communist Party of Czechoslovakia and eventually led to the fall of the whole regime.