Selected Problems in Defining the Right of Ownership

Abstract

The aim of the article is to outline some of the problems of the traditional approach to regard the right of ownership as an absolute subjective right. The problems are most notable when it comes to attempts to define the ownership right. On the basis of historical development in the Czech and Slovak legal environment the article analyzes two basic methodological approaches to its definition, first of which is to regard the ownership right as an abstract legal term and second of which is to regard it as a typical legal term. Attention is also given to the two dominant legal constructions of the ownership right, which the legal science labels as the "power" and "sociological" theories.