English translation: original acquisition of property
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Well, just to make it clear, adverse possession (or acquisition by prescription as you call it) is also deemed original acquisition, as the adverse possessor does not "derive" title from the prior owner, but gets a new title based on the possession. In addition to adverse possession (acquisition by prescription), there are other forms of original acquisition, e.g. new property, existing but previously unowned property, etc. This means that original acquisition is a broader term and that adverse possession (acquisition by prescription) is included therein.
No no, I just wanted to end the discussion here as far as my person is concerned. I did quite a bit of reading on this but the Asker is satisfied, which is the most important issue, and the rest is of no importance to me.
Hannah: But you are still wrong, because even in Czech//Slovak law "vydržení" is still only one of the many types of "originárního nabytí vlastnictví", so you cannot simply translate the term as "acquisition by prescription".
Fine. As I mentioned before, in this concept it actually can go to the original owner. The fact that there was no original owner in this case is not, therefore, immediately known, and I was not taking it that way, either.
Petr is right and and according to the attorney/author of the text it means the acquisition of something that was created specifically for the acquisition, i.e. there was never any previous owner because the property did not previously exist and thus, this owner is the original owner and no reference can be made to any other owner, original or otherwise
I was not ironic, jus amused. I am sorry you see it that way. If one lives in the USA one is often expected to refer to US laws (unless justified) meanwhile all my dictionaries are from the Czech Republic (Martha Chroma one of them) who looks towards the UK regarding legal definitions. She even marks terms as AM.
Unfortunaltelly I think that you are wrong, because the concept is quite involved and after time does go to the original owner, as explained (it is in PowerPoint) by Bandlerová.
originárny príd. ‹l› práv. o-e nadobudnutie vlastníctva - pôvodný spôsob nadobudnutia vlastníckeho práva, ktoré sa neodvodzuje od vlastníckeho práva predchádzajúceho vlastníka a vzniká nezávisle.
I think that you should completely abandon the concept of the word 'original' meaning 'originarny' because it does not mean that, IMHO. I am discussing Slovak law and Czech legal dictionary (Marta Chromá) - not the Indians and USA. Ha ha very funny.
Nathan: Thanks and sorry for the original explanation. It was quite funny. But anyway, "there's no need for turning back `Cause all roads lead to where I stand" :-)
Hannah: It depends on what exactly is meant by "reference", as original acquisition of land in the US is also subject to a debate concerning the fact that the land was previously possessed by Indians.
I am afraid that is not what it means. After a certain period of time, viz. Bandlerová, there is a reference to the original owner. Also Czech and English (and Slovak) legal dictionaries .
following your lead I've arrived at the following definition:
Original acquisition is acquisition without reference to the previous ownership of another person. Which would seem to be precisely what originarny sposob means in this case
ZT: No, dokonce ve slovníku přímo uvádí: originární nabytí vlastnictví = original acquisition of property a v Google je na to dost právních odkazů, tak to asi bude dobře - ale za ten výklad se červenám, proto jsem odpověď stáhnul :-)
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Explanation: directly by law
-------------------------------------------------- Note added at 7 mins (2011-12-21 13:38:30 GMT) --------------------------------------------------
Explanation: acquisition of personal right by means of prescription
Jedným zo spôsobov nadobudnutia vlastníckeho práva, alebo práva zodpovedajúceho vecnému bremenu je vydržanie (§ 134 Obč. zákonníka). Je to originárny spôsob nadobudnutia vlastníckeho práva, čo znamená, že nový vlastník neodvodzuje svoje vlastnícke právo od predchádzajúcich vlastníkov. http://pravna.szm.com/firstaid/vydrzanie.htm
Jedným zo spôsobov nadobudnutia vlastníckeho práva, alebo práva zodpovedajúceho vecnému bremenu je vydržanie (§ 134 Obč. zákonníka). Je to originárny spôsob nadobudnutia vlastníckeho práva, čo znamená, že nový vlastník neodvodzuje svoje vlastnícke právo od predchádzajúcich vlastníkov.
Reference information: Original acquisition means an acquisition of a property or estate which has never been the property of another. It occurs when an entirely new proprietary right has been created. For example, acquisition of a copyright owned by an author is an original acquisition. Original acquisition can occur in one of two ways. First, the res may have been res nullius, owned by nobody. The second type of original acquisition is where a new res has only just came into existence.
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