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7 March 2023

Cathedral of Sts. Vitus, Wenceslas, and Adalbert—The Melting Pot of Czech Religious, National, and State Identity and Its Legal Status

and
Department of Civil Law, Charles University, 116 40 Prague, Czech Republic
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Author to whom correspondence should be addressed.
Laws2023, 12(2), 25;https://doi.org/10.3390/laws12020025
This article belongs to the Special Issue Law and Cultural Heritage
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Abstract

The article first focuses on the significance of the Cathedral of Sts. Vitus, Wenceslas, and Adalbert to the Czech religious, national, and state identity. The importance of the cathedral is given primarily by its location (Prague Castle), as well as by the thinking of its founder, Charles IV, about the foundations of Czech statehood. On the basis of these findings, the significance and symbolism of the cathedral for the present can be understood. Following this, the legal status of the cathedral, which was the subject of the so-called “cathedral dispute” in its modern history, is examined. The current legal status of the cathedral is the result of an amicable solution to this dispute and the subsequent application of the right of superficies in Czech private law.

1. Introduction—Prague and Its Castle

If you look up “Praha” (in Czech), “Prag” (in German), “Prague” (in English), or “Praga” (in other languages, such as Russian), the algorithm of any search engine will inevitably first show pictures of the unique skyline of Prague Castle, usually taken from the right bank of the Vltava River and most, but not all, with Charles Bridge in the foreground. This view might be considered as the purest visual essence of the city, its past and present, a display window characterizing the Czech capital as a whole.1
The founding of Prague, the future capital, is linked to many national legends, in particular the one about Duchess Libuše2 (Cosmas of Prague 2009, pp. 48–49): “One day, […] the aforesaid Libuše, excited by prophecy, with her husband Přemysl present and other elders of the people standing nearby, foretold thus: “I see a burg, whose fame touches the stars […]. […] When you come to that place, you will find a man putting up the doorway of a house in the middle of the forest. From that event—and since even a great lord must duck under a humble threshold—the burg you will build, you will call ‘Prague’ [Praha, from ‘práh’, threshold].”3 There is another theory linking the name “Praha” to the Czech word for a threshold, but based on a completely different story. In 1784, Prague was hit by a disastrous flood, which caused the weirs on the Vltava River in Prague to burst. The river level, no longer regulated by the weirs, lowered and revealed the pillars of the Roman Judith Bridge, as well as “thresholds” in the riverbed created by gravel sediments, convenient for crossing the river. It was these thresholds that inspired Václav Fortunát Durych4 to come up with the theory that the name “Praha” was derived from the Czech term for thresholds in the river, which had ceased to be visible after the construction of weirs on the Vltava.
In ancient times, the territory of Prague was settled by various tribes. There are records of a Celtic settlement (oppidum) on a location called Závist (Hradiště)5 from around 200 BC. Ptolemy’s map (from the 2nd century AD) shows a Germanic city called Casurgis near today’s Prague. During the Migration Period (6th century AD), the Prague basin was settled by the Slavs.
The characteristic skyline of Prague Castle was shaped by two different phenomena. The first, a natural one, was the erosive activity of the Vltava River. The river’s erosive effect gradually shaped the varied relief on its banks across the Prague Plateau. Rome is said to have been founded on seven hills,6 while Prague was built on a total of nine hills7. Prague Castle was constructed on a hill known as Opyš.8
The second factor that had an impact on what this location looks like today was, of course, the activity of the oldest settlers of the Prague basin who lived there even before the first historically recorded ruler, Duke Bořivoj9. The highest point of the originally uninhabited hill called “Žiži”10 was a place of worship even before Bořivoj’s era. The name of this elevated area, which is usually said to be localised in the area of the third courtyard of today’s Castle (either below the Old Provostry or nearby the Monolith11) comes from the Czech word “žár,” which means fire heat. In pre-Christian times, there was a fire site here where pagans made sacrifices to their gods. There was also a stone seat (a simple flat boulder) near the top of Žiži, where each newly elected duke was led to be ceremoniously seated, and his name was announced to the people (Třeštík 2003). When Bořivoj was baptised by Saint Methodius in Great Moravia12 (unlike the 14 Bohemian dukes who were baptised earlier, in 845, at Louis the German’s court, probably in Regensburg), he did not disregard Žiži as the pagan place of worship in the middle of the Castle. He had the symbolic ditch around the hill filled and built the oldest13 church in Prague in front of it (around 885), dedicated to the Virgin Mary (Kuchyňová 2010). Paganism was thus replaced by Christianity on the hill, which was the first step in making the Castle a centre of secular and Christian (religious) power.
Bořivoj’s successors from the House of Přemysl continued to consolidate their political (secular) power. This was also reflected in the construction changes made to Prague Castle over time. The original settlement with wooden cabins and a bulwark was further fortified probably already by Bořivoj’s son Spitihněv I.14 During the reign of the first Bohemian king, Vratislav II,15 the wooden fortification was replaced with a stone fortification, including three gates (the Black Tower, White Tower, and Southern Tower). As the monarchs succeeded to the throne one after the other, the Castle gradually grew into the form it has today, witnessing all the historic turns of events.16

2. Prague Castle and the Cathedral of Sts. Vitus, Wenceslas, and Adalbert

2.1. Christianity and Its Manifestations at the Castle before the Foundation of the Cathedral

The consolidation of power by the dukes (and later kings) of the House of Přemysl would have been incomplete and half as efficient had they strived only to secure political, State power. In the era of the growing importance of Christianity in our territory and its close relation to the ruling dynasties (which had the power and the means to promote Christianity in new territories), it was unthinkable that the new seat of the ruling house be built only as a seat of secular power—it was abundantly clear that Christianity and its symbols must be represented, too. The Church of Virgin Mary mentioned above did not survive to modern times. It is usually said to be situated in the middle of the Castle’s third courtyard. However, as soon as (approximately) 915 or 920, Vratislav I17 founded the Romanesque St. George’s Basilica. Vratislav I and two other dukes of the House of Přemysl are buried in the basilica, as are the remains of St. Ludmila18, Bořivoj’s wife. The burial of the remains of (some) Přemyslid dukes, and in particular Ludmila’s remains, whose cult grew in significance and became widespread already in the 12th century, strengthened the importance of the Castle as the centre of secular and religious (Christian) power.
St. Wenceslas19 founded the third Christian building in the Castle complex, namely the St. Vitus Rotunda. Wenceslas ordered the construction of the church after being given a relic of a saint—the shoulder bone of St. Vitus—as a gift from Henry the Fowler, King of East Francia.20 As a result, the religious importance of the Castle grew significantly—in addition to the Přemyslid dukes and Ludmila (who, however, had not yet been canonised), a holy relic was kept there—and the saint’s cult began to spread, with Prague being considered one of its most important centres. After that, the rotunda’s religious significance was strengthened even further. After Wenceslas’ murder engineered by his brother Boleslav,21 the latter had Wenceslas’ remains transported to the rotunda. This is how the cult of St. Wenceslas was born. In 1039, the holy relics of St. Adalbert were added to the relics of St. Vitus and St. Wenceslas.22 Břetislav I23 acquired the relics on his military expedition to Gniezno and then stored them in the rotunda. This is how the rotunda became the resting place for the relics of three saints—Vitus, Wenceslas, and Adalbert.
For the sake of completeness, it should be noted that in 973 (during the reign of Boleslav II24), the Diocese of Prague was established within the organisation of the Catholic Church. It was subordinated to the Archdiocese of Meinz (by being excluded from the jurisdiction of the Diocese of Regensburg). The rotunda therefore became an episcopal castle, while St. George’s Basilica became a monastery church. As a result, the rotunda quickly became the most important church in the Duchy of Bohemia. It soon became unsatisfactory (in terms of size, as well as its representativeness), and so it was demolished shortly before the death of Spitihněv II.25 However, the grave of St. Wenceslas was piously preserved in its original location. In 1060, the construction of the Basilica of Sts. Vitus, Adalbert, and the Virgin Mary began on the site of the rotunda.26

2.2. The Cathedral and Its Role

The text above clearly shows that the Castle, with its religious buildings (and rare relics kept in them), played a crucial role already in the 10th and 11th centuries. “This fortunate unification of the Duchy and the Diocese, the imperium and the sacerdotium, which has lasted—with some interruptions—[…] until our days, [… ] is what makes Prague Castle unique.” (Volavka 1948, p. 340).
The king John of Luxembourg played a key role in establishing and funding the construction of the Cathedral at its beginning. On 23 October 1341, he issued a document determining the financial source for the construction of the Cathedral. It was created by the tinthe of urbura from silver mines of Kutná Hora and all the other mines, where the silver was mined or was about to be mined.27 The beginning of construction of the current gothic Cathedral is connected to the elevation of Prague Diocese to an archdiocese on 30 April 1344, which also meant that it was no longer subordinated to the Archbishop of Regensburg. The first archbishop, Arnošt of Pardubice28, was granted the right to coronate Bohemian kings from the Pope (Clement VI) shortly after the establishment of the archdiocese. It was none other than Charles IV,29 son of John of Luxembourg,30 who was crowned by Archbishop Arnošt of Pardubice as King of Bohemia on 2 September 1347. In the early 14th century, the situation in the Kingdom of Bohemia was bleak due to the conflicts between the different factions of the nobility and the long-term absence of John of Luxembourg in the kingdom.31 Charles IV himself described the grim situation in Bohemia after his return (he was born in Prague) in 1333, as well as the sorry state of Prague Castle in his biography (Charles IV 2001): “We found the kingdom so forsaken that there was not one castle which was free and not mortgaged together with its royal property, so that we did not have anywhere to stay except in houses in the cities just like any other citizen. Even the castle in Prague was desolate, in ruins, and reduced from the times of King Otakar so that it had crumbled almost to the ground. Here we raised up at great expense the new, and beautiful palace the way it appears to those who look on it today.”
This situation, however, would soon change under Charles’ rule (at first only factual, during the reign of his father John). Charles aimed for the universal development of the Bohemian kingdom. The elevation of the Diocese of Prague to an archdiocese was one of the fruits of Charles’ efforts to revive the kingdom’s former glory.32 They were also manifested in Charles IV’s construction work in the complex of the Castle, where the founding stone of the St. Vitus Cathedral was laid on 21 November 1344 in the presence of John of Luxembourg, his two sons (Charles IV and John Henry), as well as Archbishop Arnošt of Pardubice. “Charles IV is an incredible reformer in terms of his construction work at the Castle, just like in many other respects. He completed the efforts of his predecessors from the times of the first Slavs until the early Gothic period in the spirit of his own era, and gave them a new meaning. It was Charles IV who created the skyline of today’s Hradčany. He turned the external orientation of secular buildings still facing the city into the symbolic orientation of the newly built Cathedral. Its silhouette, whose most prominent features were constructed during the reign of Charles IV, creates the essential chord of the Hradčany panorama. The Cathedral looming over all the other palace buildings suppressed their significance in the Castle’s skyline as if to symbolise the rise of religious power. A temple is built for the new archdiocese inspired by impressive French cathedrals, and the royal power, showed off earlier by fortifications and bastions, seems to fade into the background. […] There is no longer the need to protect his imperial prestige at Prague Castle with fortifications from the city now under his power. The Castle has changed into a monumental seat of State representation, facing foreign noblemen and ambassadors coming to Charles VI’s Prague.” (Volavka 1948, p. 342).
The construction of the Cathedral (and other construction works at the Castle) during the era of Charles IV should be discussed in the wider historical context, more specifically the context of Charles’ view on the continuity of Czech statehood. St. Wenceslas became the symbol of the organisation of the State already in the 13th century; the seal of the Land Court of Bohemia (iudicium terre bohemiae) depicted Duke Wenceslas as the symbol of the State and the band on his right arm featured a Latin phrase summoning the accused (the defendant) to appear in court. Charles IV continued this tradition when he ordered a new magnificent royal crown, which he called the St. Wenceslas Crown, and when he called the Castle the St. Wenceslas Castle. During his coronation as emperor in Rome, he supposedly established a foundation to create an altar dedicated to St. Wenceslas at St. Peter’s Basilica, etc. It was not only about the continuity of the St. Wenceslas cult, but also about the acknowledgement of the legacy of the House of Přemysl, which was fully recognised in the Rules of Coronation of Bohemian Kings by Charles IV (and according to which he was then crowned King of Bohemia). It was no coincidence that the ceremony did not start at the Castle, but on the opposite bank of the Vltava River, at Vyšehrad, another important place in Czech history,33 where the pouch and bast shoes that belonged to the purported (legendary) founder of the House of Přemysl—Přemysl the Ploughman—used to be kept in honour.34 Only after seeing these relics did the parade set out to “St. Wenceslas Castle” for the ceremonious anointment of the new king and his crowning by the Archbishop of Prague. The crown was then placed back on the skull of St. Wenceslas. Moreover, under the threat of an anathema and being declared an enemy of the land, no future king was allowed to keep the crown after sunset (Pludek 1978).35
The construction of the Cathedral (and other construction works at the Castle) during the reign of Charles IV should therefore be understood as Charles’ recognition of the historical continuity of the development of political as well as religious power at the time, which came to be symbolised by St. Wenceslas and the tradition of the House of Přemysl as the symbol of Czech statehood.36 The lead architect of the Cathedral was Matthias of Arras.37 After his death, the work was taken over by Petr Parléř.38 In the end, the construction of the Cathedral was completed only in the first half of the 20th century. In 1421, the Cathedral was plundered by the Hussites,39 and in 1541, it was seriously damaged by fire. It remained unfinished for centuries. It was only in the mid-19th century that the “Union for the Completion of the St. Vitus Cathedral” was established with the aim of collecting the financial means necessary—from significant as well as unknown patrons—to finish the construction of the building, which had fallen into disrepair by that time. The construction was supported by the then State institutions (for example, the Assembly of the Kingdom of Bohemia), as well as important personalities (for example, Maria Anna Savoy, Emperor Franz Joseph I, and his wife Elisabeth of Bavaria (Sissi); later contributors include President Masaryk,40 who supported the construction from his personal funds, etc.) and the general public.41 The construction was officially completed in 1929. The celebration, attended by President Masaryk and Archbishop František Kordač, was organised on 28 September on the 1000th anniversary of St. Wenceslas’ murder.42
On the occasion of the 1000th anniversary of St. Adalbert’s death in 1997, the Cathedral was consecrated to Sts. Vitus, Wenceslas, and Adalbert by decree of Cardinal Miloslav Vlk. This is the origin of its official full name—Cathedral of Sts. Vitus, Wenceslas, and Adalbert.43
“During the reign of Charles IV and the decades that followed, the holy aureole of the St. Vitus Cathedral was strengthened by new graves of saints and patrons of the land—St. Vitus, St. Wenceslas and St. Adalbert […]. The sacredness of the Prague Cathedral was also enhanced by a number of holy relics that Charles IV acquired for the metropolitan Cathedral. At the same time, the whole building was pervaded by the glorification of the ruling family, the House of Luxembourg, and the ancient House of Přemysl to which Charles IV belonged on his mother’s side. The idea of a State union under the Bohemian crown, conceptualized by Charles IV, is represented in the Cathedral by a heraldic set in the staircase by the south-east corner of the transept. This world was entrusted to the protection of Christ, the Virgin Mary, and the community of Czech patron saints, portrayed in a number of busts at the upper triforium, a place appearing to almost touch heaven. The union between the divine order and the sacralised earthly rule was presented here with extraordinary strength.44 This is also related to the fact that the Cathedral became the place where the crown jewels are stored. The chamber where they are kept is accessible directly from the St. Wenceslas Chapel. The close connection between the Bohemian royal crown and the patron saint of the land was also emphasised by the fact that it was placed on the head of St. Wenceslas from which it was removed only for coronation. The Bohemian royal crown with a cross with a thorn from Christ’s crown was a transpersonal symbol of the Bohemian kingdom and the royal power “by the grace of God”. In other words, it was the sacred symbol of the Czech state, which is still true today. The Cathedral as the venue of the coronation and the place where the royal insignia are kept thus became a kind of guardian of the Czech state, the notion of which was sacralised due to all these attributes. […] Just like in many other European cathedrals, the royal code is clearly visible in St. Vitus Cathedral. The royal aureole of Prague Castle with the Cathedral in its centre did not fade away even in 1918, when the monarchy perished and the Czechoslovak Republic was established. Significantly, just like the rule of the kings used to be legitimised by the coronation ceremony and anointment at the Cathedral in the past, after the establishment of the republic, the assumption of office by newly elected presidents was blessed by the Te Deum ceremony in St. Vitus Cathedral.”
(Kuthan and Royt 2011)
The Cathedral plays this role to this day.45 The crown jewels are still kept there, as well as the remains of important Czech monarchs,46 noblemen, and religious officials in the crypt. As for recent notable events which took place in the Cathedral, it is worth mentioning the State funeral of Václav Havel47 in 2011 or the funeral with State honours48 of singer Karel Gott49 in 2019. The Cathedral is understood as one of the symbols of Czech statehood and its continuity.

4. Epilogue: Cathedral and the Current Civil Code

After years of preparation, the current Civil Code (Act No. 89/2012 Sb., the “CC”) was adopted in 2012, replacing the old Civil Code from 1964. The 1950 Civil Code (Act No. 141/1950 Sb., the Civil Code) and the 1964 Civil Code (Act No. 40/1964 Sb., the Civil Code) were not based on the right of superficies, that is, in the legal sense, they permitted the existence of a plot of land and a structure on it as two independent things (which therefore might have different owners).97 This changed with the effect of the current Civil Code (that is, 1 January 2014), which meant a return to the original regulation from the 1811 General Civil Code (ABGB), and the principle of superficies solo cedit (“surface yields to the ground, cf. above ) was revived for the relationship between the land and the structure.98 The transitional provisions stipulate that a structure which is not a component part of a plot of land on which it is built under the existing legal regulations, ceases to be a separate thing on the date of effect of this Act, and becomes a component part of the plot of land if, on the date of effect hereof, the right of ownership to the structure and the plot of land was held by the same person (Section 3054 of the CC).99 Since the owners of the structure (the Cathedral) and also the plot of land on which it is built were identical on 1 January 2014 (that is, the Czech Republic), the procedure under Section 3054 of the CC was applicable, and the Cathedral became a component part of the plot of land.
Today, the Cathedral is entered in the Real Estate Cadastre in the cadastral district Hradčany, city of Prague, plots of land Nos. 4 and 5. The type of land is recorded as a built-up area and courtyard. A component part of the plot of land is a structure, namely a building without a building number or a registration number having the purpose of providing services to the public (meaning the Cathedral), where the owner of these plots of land (whose component part is the structure—the Cathedral) is the Czech Republic, and it is the Prague Castle Administration that is competent to manage the property of the State.100 To avoid any doubt: from the perspective of private law today, or rather from the perspective of the legal regulation of the relationship between the land and a structure built on it, only plots of land below the Cathedral are a separate thing, while the Cathedral itself is a component part of the land.101 This means that the Cathedral (that is, the building, the structure itself) is not, legally speaking, a separate thing. From the perspective of the Civil Code, it—literally—does not exist as a separate thing (sic.).
Paradoxically, from the perspective of private law today, the initial paradigm of the significance and symbolism of the Cathedral is, in fact, reversed completely (of course, it is happening unintentionally, not deliberately): the historically most important part—the building of the Cathedral—is not important from the perspective of private law at all; legally speaking, it does not even exist, as it is a mere component part of another thing, namely the Earth’s surface, a plot of land. Moreover, vice versa, only the plot of land, the Earth’s surface, which alone undoubtedly does not even come near the importance of the Cathedral itself, is significant from the perspective of current private law—it is that plot of land that is, legally speaking, a separate thing, which may be disposed of, regardless of whether there are a couple of trees growing on it, a garage, a family house, or… a cathedral!
Let us go back to Emil Svoboda’s quote about the limits of positive law and the impossibility to cross them (Svoboda 1935). The limit in this case is the evident impossibility from the perspective of positive law—and all the more so in its current form—to reflect the uniqueness, significance, and symbolism of the Cathedral. This only confirms Mahler’s fitting comment (cf. above) that “the case goes far beyond the restrictions posed by legal provisions.”
Where a dispute between two parties needs to be settled, a neutral third party may be called to make the decision. However, there are other ways to resolve a dispute as well: by the parties themselves, provided that they are capable of breaking free from the past and looking to the future. Although such a negotiation might be complicated, its outcome, a consensus based on mutual agreement, may be more valuable than a judicial decision imposed by the State power. Looking back at the dispute over the Cathedral, the agreement between the State and the Church—in the given situation—might be considered as the best resolution because only an amicable settlement (where, stricto sensu, there are no winners or losers) could contribute significantly to easing the tension between the State and the Church.

Author Contributions

Conceptualization, O.F. and D.F.; methodology, O.F.; writing—original draft preparation, O.F.; writing—review and editing, D.F. All authors have read and agreed to the published version of the manuscript.

Funding

This research was funded by Charles University grant Cooperatio—LAWS.

Conflicts of Interest

The authors declare no conflict of interest.

Appendix A

Official Declaration of the President of the Republic and the Archbishop of Prague and Primate of Bohemia Regulating the Mutual Relationship with respect to the Maintenance of the Cathedral of Sts. Vitus, Wenceslas, and Adalbert102
Proceeding from the Preamble to the Constitution of the Czech Republic, remaining faithful to all the valued traditions of the ancient statehood of the Lands of the Bohemian Crown and Czechoslovak statehood, as well as the century-long tradition of common history of the Czech State and the Roman Catholic Church, and expressing their mutual will to ensure reliable and harmonic cooperation between the State and the Roman Catholic Church on the administration of the Cathedral of Sts. Vitus, Wenceslas, and Adalbert, the President of the Republic and the Archbishop of Prague and Primate of Bohemia declare the following:
Article 1
Proceeding from the common belief that the Cathedral of Sts. Vitus, Wenceslas, and Adalbert (“Cathedral”) is a national religious, cultural, and State symbol, and with the objective to create a permanent foundation for the development of good relationships between the State and the Church at Prague Castle, the President of the Republic and the Archbishop of Prague and Primate of Bohemia unanimously state that the purpose hereof is to regulate the mutual rights and obligations of the parties involved and to determine the conditions governing the joint operation of the Cathedral while enabling the use of the Cathedral for liturgical purposes of the Roman Catholic Rite, providing visitor services, as well as purposes related to the representation of the state, providing maintenance for movables placed in parts of the Cathedral accessible to visitors, and to determine other related conditions and rules of its use.
Article 2
The President of the Republic and the Archbishop of Prague and Primate of Bohemia have agreed on the need to regulate the relationships between the State and the Church at Prague Castle based on cooperation, also with regard to the fact that, as to the date of execution hereof, a binding property settlement between the State and the Catholic Church for the period from 25 February 1948 to 17 November 1989 had not been reached, it is appropriate and fair to resolve the dispute by mutual agreement and to not continue the dispute over the Cathedral and other real property in the Prague Castle complex in court.
Article 3
For the purpose of ensuring the maintenance of the Cathedral, the President of the Republic and the Archbishop of Prague and Primate of Bohemia have agreed on the establishment of its Council, which should contribute to the comprehensive and due care of the Cathedral and its operation in the interest of believers and the general public.
Membership in the Council is an honorary position. Members of the Council are the holders of the seven keys (President of the Republic, Prime Minister of the Czech Republic, Archbishop of Prague and Primate of Bohemia, President of the Senate of the Parliament of the Czech Republic, Speaker of the Chamber of Deputies of the Parliament of the Czech Republic, auxiliary bishop, provost of the Metropolitan Chapter of St. Vitus, and the mayor of the capital city of Prague) necessary for accessing the crown jewels in the crown chamber of the Cathedral, as the top representatives of the State, the Church, and the municipality.
Article 4
The President of the Republic and the Archbishop of Prague and Primate of Bohemia have agreed that the Office of the President of the Republic, or the Prague Castle Administration, will provide for use the real property at Prague Castle necessary for the Roman Catholic Church, namely the Metropolitan Chapter of St. Vitus, to ensure the maintenance of the Cathedral. The Office of the President of the Republic, or the Prague Castle Administration, will continue to ensure any and all maintenance of said real property.
Executed in Prague on 24 May 2010.

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1
That is not to say that this single view gives a full picture of today’s Prague, a highly varied and diverse city in terms of its geography, architecture, and population, covering an area of 496 sq km, with a population of 1,275,406 people.
2
According to Bohemian legends, Duchess Libuše was the daughter of Duke Krok and the wife of Přemysl the Ploughman, legendary founder of the House of Přemysl.
3
Cosmas, born c. 1045—died 21 October 1125, was the first known Bohemian chronicler and the author of the Chronicle of the Czechs, or Bohemians (Chronica Boemorum).
4
Born 28 September 1735—died 31 August 1802, Czech Catholic priest, revivalist, and Slavicist.
5
Place above the confluence of the Vltava River and the original channel of the Berounka River, located in today’s Dolní Břežany, a municipality south of Prague.
6
Aventine, Capitoline, Caelian, Esquiline, Palatine, Quirinal, and Viminal.
7
Letná, Vítkov, Opyš, Větrov, Skalka, Emauzy, Vyšehrad, Karlov, and the highest one, Petřín.
8
The Czech term “opyš” is an archaic and rare word of unclear origin, which might have designated a tail. In addition to being the name of the hill upon which Prague Castle was built, the term “opyš” means a geomorphological shape in the form of a narrow declining ridge (hence the similarity to a tail). There is, after all, a street which goes from Klárov gently upwards in the direction of the Black Tower of Prague Castle and is still called “Na Opyši”. Interestingly, the name “Opyš” appears in the historical Bohemian lands only in one other instance—in addition to designating the hill in Prague—as the name of a hill not far from Drozdov near Hořovice (also sometimes referred to as “Vobyš”).
9
Bořivoj I., born c. 852/853 (?)—died 888/890 (?), the first recorded Bohemian ruler of the House of Přemysl and son of legendary Duke Hostivít according to Cosmas (Cosmas of Prague 2009, p. 53): “Hostivít begat Bořivoj, who was the first duke baptised by the venerable Methodius, bishop in Moravia at the time of emperor Arnulf and of Svatopluk, king of that same Moravia.”
10
Cf. Cosmas (Cosmas of Prague 2009, p. 91): “[…] climbing at night to a higher point (called Žiži) in the middle of the burg […].”
11
The Mrákotín Monolith, sometimes also referred to as Plečník’s Monolith, is a truncated square pyramid in the Castle’s third courtyard near the Old Provostry. It was revealed in 1928 on the 10th anniversary of the foundation of the Czechoslovak Republic.
12
Cf. above footnote 9 and also the Christian’s Legend (Kristián and Ludvíkovský 1978): “On the second day, he instructed the Duke and thirty courtiers who came with him in the basics of religion, and after they performed the customary ceremonious fasting, he revived them with the holy source of baptism.”
13
It is also the second oldest church in Bohemia. The oldest one was the Church of St. Clement (Climent) in Levý Hradec, also founded by Duke Bořivoj.
14
Born 875—died 905/915 (?), Bohemian duke of the House of Přemysl.
15
Born c. 1033—died 14 January 1092, Bohemian duke and from 1085, the first Bohemian king of the House of Přemysl. His coronation took place on 15 June 1086 at Prague Castle (Cosmas of Prague 2009, p. 91): “[…] Archbishop Egilbert of Trier, obeying the emperor’s orders, came to the metropolis of Prague on 15 June. Among the holy solemnities of the Mass, he anointed Vratislav, dressed in royal bands, as king and placed a diadem on both his head and that of his wife Swatava, wrapped in a royal rob […].”
16
For more details about the significance of the House of Přemysl, see, e.g., (Třeštík et al. 2009).
17
The third Bohemian duke of the House of Přemysl, born 878/888 (?)—died 13 February 921, father of St. Wenceslas.
18
St. Ludmila, born c. 860—died 15 September 921 in her residence at Tetín at the hands of murderers hired by her daughter-in-law Drahomíra of Stodory (the wife of Ludmila’s son, Vratislav). Duke Wenceslas (Ludmila’s grandson and Drahomíra’s son) had her remains transported from Tetín to the St. George’s Basilica in 925.
19
St. Wenceslas, born c. 907—died 28 September 935 (929 in older sources) at the hands of murderers hired by his brother Boleslav. Bohemian duke, patron saint of the Czech nation, and the symbol of Czech statehood. Under Section 1 of Act No. 245/2000 Sb., regulating public holidays and other holidays, significant days, and rest days, 28 September is a public holiday called Czech Statehood Day.
20
Born c. 297—died c. 303 as a martyr.
21
Boleslav the Cruel, born c. 915—died 967/972 (?), the fifth Bohemian duke of the House of Přemysl, son of Vratislav I and Drahomíra of Stodory (cf. above), St. Wenceslas’ brother.
22
St. Adalbert, born c. 956—died 23 April 997, the second Archbishop of Prague. He was a member of the House of Slavník, and escaped the massacre of the Slavník family at Libice on 28 September 995. He died as a martyr at the hands of pagans.
23
Břetislav I., born between 1002 and 1005—died 1055, Bohemian duke of the House of Přemysl, who is best known for the kidnapping of his future wife Judith of Schweinfurt from the local monastery.
24
Boleslav II, or Boleslav the Pious, born c. 932—died 7 February 999, Bohemian duke of the House of Přemysl.
25
Spitihněv II, born 1031—died 1061 February 999, Bohemian duke of the House of Přemysl.
26
For more details about the development of Prague Castle, see, e.g., (Kroupa et al. 2022).
27
Available online: https://www.monasterium.net/mom/CZ-APH/AMK/152-VII%7C2/charter (accessed on 23 August 2022).
28
Arnošt of Pardubice, born 25 March 1297—died 30 June 1364, the last Bishop of Prague and the first Archbishop of Prague, Bohemian metropolitan.
29
Charles IV, born as Wenceslas, born 14 May 1316—29 November 1378, 11th King of Bohemia, first Bohemian king to also become the Holy Roman emperor, who ruled in person in all kingdoms of the Holy Roman Empire. He accepted the name Charles at his confirmation while he was raised in France. For more details about the significance of the House of Luxembourg in Czech history, see, e.g., (Royt and Kuthan 2016).
30
John of Luxembourg, born 10 August 1296—died 26 August 1346, 10th King of Bohemia. He became the King of Bohemia by marrying Elizabeth of Bohemia (born 20 January 1292—died 28 September 1330, the last member of the House of Přemysl on the Bohemian throne), who gave birth—among other children—to their son Wenceslas, later known as Charles IV.
31
For more details about the significance of the House of Luxembourg in Czech history, see, e.g., (Šmahel and Bobková 2012).
32
In addition to this great deed, it is worth mentioning the foundation of Prague’s New Town on 8 March 1348, as well as the establishment of Charles University on 7 April 1348 as the oldest university north of Italy and east of Paris, as well as the construction of the Charles Bridge and the foundation of Karlštejn Castle.
33
Vyšehrad is an ancient fortified settlement, castle, and fortress in Prague built on a rock overhanging the right bank of the Vltava River. Although the fortified settlement was founded only in the 10th century, it is linked to a number of legends from the very beginnings of the Czech history. According to these legends, Vyšehrad was founded by the legendary Duke Krok and it was the seat of the legendary Duchess Libuše, who made many prophecies there, including the one about Prague, and sent a deputation from there to her future husband, Přemysl the Ploughman, legendary founder of the House of Přemysl. Another legend tells the story of Horymír, who fled from Duke Křesomysl by jumping from Vyšehrad into the Vltava River on the back of his horse Šemík. As for Vyšehrad’s actual historical significance, it was the seat of the first King of Bohemia Vratislav II for some time (cf. above) due to conflicts with his younger brother Jaromír, Bishop of Prague. In opposition to the religious power at the Castle, Vratislav II ordered the construction of the Church of Sts. Peter and Paul at Vyšehrad, with a chapter of clergymen excluded from the bishop’s jurisdiction and subordinated directly to the Pope. The second climax in the recorded history of Vyšehrad came during Charles IV’s rule; he demonstrated the continuity of his reign with the Přemyslid tradition by giving a lot of attention to Vyšehrad, including in the form of construction work. However, Vyšehrad never became as important a symbol of Czech statehood or religious power as the Castle with its Cathedral. For more details, see, e.g., (Moucha et al. 2015).
34
Přemysl the Ploughman, legendary Bohemian ruler, husband of the legendary Duchess Libuše, founder of the House of Přemysl. It should be added that legends about a ploughman (peasant) of humble origin as the founder of the ruling dynasty are to be found also in other Slavic cultures, cf. in particular, Piast as the founder of the ruling family of Poland, the Piast Dynasty.
35
For more details about coronations, see, e.g., (Kyzourová and Vlnas 2016).
36
“[…] it is a building of dual character from the very beginning. This was Charles IV’s concept: it is a place of god and a symbol of Czech statehood at the same time. The fact that it is not only a cathedral but also the sacro sanctum of statehood is proved by the crown jewels […].” (Stern 2006).
37
Matthias of Arras, born c. 1290—died 1352, French architect, constructor, and stonemason.
38
Petr Parléř, born 1332 or 1333—died 13 June 1399, German-Czech architect, constructor, stonemason, sculptor, and woodcarver.
39
The Hussite movement was a primarily religiously (but also socially and politically) motivated movement in the late Middle Ages, which followed the ideas of priest and philosopher Jan Hus, born c. 1370—died 6 July 1415 (burnt at the stake in Constance), whose main aim was to carry out a comprehensive reform of the church.
40
Tomáš Garrigue Masaryk, also known as “President Liberator,” born 7 March 1850—died 14 September 1937, first president of the Czechoslovak Republic, politician, sociologist, teacher, and the main ideologist behind the idea of independent Czechoslovak statehood.
41
Similar collections were also organised for the construction of the National Theatre, which was opened in 1881 but burned down shortly after during finishing work and reopened in 1883. In this case, the collections financed not only the construction of the original building, but also the repairs of the building destroyed by fire. To a certain extent, these collections may be considered as competition to the collections for the completion of the Cathedral.
42
The original date of St. Wenceslas’ death was said to be 929, but based on more recent knowledge, the date of his murder is usually considered to be 935.
43
However, it is also sometimes referred to as the Cathedral of Sts. Vitus, Wenceslas, Adalbert, and the Virgin Mary (with reference to Spitihněv’s Basilica, cf. above), for example (Maříková-Kubková et al. 2019).
44
Emphasis in bold added by the authors.
45
For more details about the development of the Cathedral, see, e.g., (Maříková-Kubková et al. 2019), (Royt 2011), or work published both in Czech and English (Bravemanová and Chotěboř 2016).
46
For the sake of completeness, it should be noted that they include George of Poděbrady (born 23 April 1420–died 22 March 1471), who was excommunicated from the church on 23 December 1466 as a heretic, oathbreaker, blasphemer, and a filthy sheep. Pope Paul II anathemised George and declared a crusade against him.
47
Václav Havel, born 5 October 1936—died 18 December 2011, Czech playwright, dissident, and critic of the communist regime, first president of the Czechoslovak Socialist Republic after the fall of the communist regime in 1989 and first president of the Czech Republic.
48
A State funeral should be distinguished from a funeral with State honours. Neither of them is regulated by the law in the Czech Republic and their form stems from historical traditions. A State funeral expresses the highest honour by the State in the case of the death of a prominent personality, typically a high representative of the state, a personality that significantly contributed to the State or the functioning of the whole country, or someone who created extraordinary, impressive work in their lifetime. A funeral with State honours is not bound by ceremonial rules as much as a State funeral, and its form is less restricted in general. The family of the deceased person and the State agree on the specific State honours for the funeral (for example, a minute of silence, honour guard, speeches by high representatives of the state).
49
Karel Gott, born 14 July 1939–died 1 October 2019, popular Czech singer, who recorded 2500 songs in total and released 293 solo albums (in Czech as well as in other languages) which were immensely successful with large audiences in the Czech Republic and abroad (in particular in Germany).
50
These events came to be known as the “Velvet Revolution”.
51
The term Church is used for Christian religious communities, while a religious society designates communities that do not profess faith in Jesus Christ, cf. details in (Tretera 1997).
52
Beran was interned by the communist State police (StB) at various locations in Czechoslovakia from 1949 to 1963. In 1965, Beran was given permission to travel to Rome for the handover of a cardinal’s hat, but he was not allowed to travel back.
53
For more details about the act, see, e.g., (Kříž and Valeš 2013).
54
Section 18(10) of the act provides that: This Act does not apply to the Cathedral of Sts. Vitus, Wenceslas, and Adalbert on plot of land No. 4 covering an area of 5005 sq m and plot of land No. 5 covering an area of 502 sq m in Prague, cadastral district Hradčany, including the land. This Act also does not apply to building No. 37 located on plot of land No. 85 covering an area of 776 sq m and building No. 48 on plot of land No. 6 covering an area of 982 sq m in Prague, cadastral district Hradčany, including the land.
55
Cf., for example, Judgment of the Supreme Court Case No. 3 Cdo 404/96. “The person who is entitled to the property enumerated in the Appendix to Act No. 298/1990 Sb is not authorised to assert the ownership right to property which monastic orders and congregations have been deprived of in the exercise of the State supervision of the property of Churches and religious societies but which is not enumerated in the Appendix to the Act.” Quoted from: ASPI [Legal Information System], Wolters Kluwer ČR, Praha, The Czech Republic, [ASPI ID: JUD9650CZ].
56
Available online: http://kraken.slv.cz/II.US528/02 (accessed on 20 August 2022).
57
And when it still did not happen, the Constitutional Court itself opened the door to justice in the specific case in its Judgment Case No. I. ÚS 663/06: “The Constitutional Court has proven many times in its established case-law that it does not tolerate public bodies, and in particular general courts, employing formalistic procedures using, in essence, sophisticated reasoning for apparent injustice. […] If restitution is understood as the effort of a democratic State based on the rule of law to remedy certain wrongs committed by a totalitarian regime, then a solution in the form of restitution would be appropriate where the wrong is apparent and ascertained by authorities (cf. also the reasoning of the trial court), as in this case. The formal acts of the State which disposed of the property based on its interests regardless of its actual owner and various inconsistencies on the part of the State may not be interpreted to prejudice the complainant in a State aiming to apply the principles of the rule of law; such procedure would apparently present the threat of committing a further wrong. […] Lapse of time plays a key role in this case. The legitimate expectation on the part of the legal entities representing the Church reaches notional “majority” on 24 June 2009, and the legislature, although aware of the duty to meet the legitimate expectation for more than 4 years and notified in a relevant manner of its commitment based on Section 29 of the act regulating land, has failed to act (note: to be more precise, it has failed to act since 1991, which follows from the previous text). […] The complainant’s action is therefore not precluded in this specific case. However, it would need to be interpreted as an action of its own kind (not unlike a restitution action) aiming to fill the gap created by the long-term failure to act on the part of the legislature in violation of its duty based on Section 29 of the act regulating land, using a procedure corresponding to the purpose of remedying wrongs after 1989, with regard to the relevant specific circumstances of the case.” The Judgment is available online: http://nalus.usoud.cz/Search/GetText.aspx?sz=1-663-06 (accessed on 24 August 2022). Although this judgment did not concern the Cathedral of Sts. Vitus, Wenceslas, and Adalbert, it will also be mentioned below in connection with the Cathedral. For more about Section 29 of the act regulating land see, e.g., (Valeš 2012).
58
Given its scope, the present paper does not aspire to provide the reader with an exhaustive detailed description of the entire dispute. After all, it would not make any sense to describe all the procedural aspects, so the following text is, to a certain extent, a simplification. Firstly, we will not further discuss the issue of the right to sue in relation to the individual legal entities acting on behalf of the Church whose cases were eventually joined. Secondly, we will further discuss only the Cathedral of Sts. Vitus, Wenceslas, and Adalbert (“Cathedral”), although the action concerned, in addition to the Cathedral, the All Saints Church and the “canonical Houses”. Finally, the paper does not cover the other disputes over the furniture and other movables in the Cathedral. We would also like to emphasise that the purpose and aim of the paper is not to evaluate the individual court decisions. There have been many of them, some of them contradictory. The aim is to explain the legal status of the Cathedral and its main aspects in the past and today and the importance of settling the whole dispute amicably. Readers looking for a comprehensive description of the entire dispute might be interested in Pavla Zápotočná’s bachelor’s thesis (Zápotočná 2011).
59
Born 2 October 1878–died 19 or 20 August 1948.
60
As stipulated in Section 354 of the Austrian General Civil Code of 1811 (“ABGB”), and also in Section 1012 of the current Civil Code (Act No. 89/2012 Sb., the Civil Code, “CC”).
61
Born 7 December 1928–died 17 March 2018, acclaimed Czech teacher, writer, screenwriter, musicologist, and, most importantly, promoter of Czech history. In the end, he sided with the opinion that the Cathedral should not be owned by the Church.
62
Emphasis in bold added by the authors; regardless of Mahler’s personal opinion on the dispute, the authors consider this statement absolutely fitting.
63
Zdeněk Zbořil, born 22 October 1938, Czech historian, political scientist, university professor.
64
Miloslav Vlk, born 17 May 1932–died 18 March 2017, Czech Catholic cleric and theologian, 35th Archbishop of Prague and Primate of Bohemia, vigorously advocated, among other causes, for the return to the Church of property confiscated by the State during the totalitarian era.
65
Authors note: “land records book” is mentioned; however, in 1996, it is the Real Estate Cadastre.
66
Available online: http://kraken.slv.cz/28Cdo3318/2006 (accessed on 23 August 2022).
67
In Czech civil procedure, an application for an appeal review on points of law is an extraordinary remedial measure, which may be used to challenge (in prescribed cases) final decisions of an appellate court. Cf. Section 236 et seq. of Act No. 99/1963 Sb., the Code of Civil Procedure.
68
The act refers to, for example, substantial improvement in the standard of living of workers based on a further increase in production, growth in work productivity and cost effectiveness, as well as to securing the development of fuel and energy sources, an increase in the production and productivity of agriculture, or to a decrease in the prices of consumer goods. For the sake of completeness, Section 6(11) of this act stipulates: “Furthermore, cultural care will be increased. The artistic level of theaters and concerts will increase and the number of their visitors will increase significantly. The construction of 19 cinemas will begin. In film production, the majority of color films will be produced. Television broadcasting and its programs will be expanded and improved.” It is questionable if a kind of relationship to the Cathedral can be determined from this provision, namely from the first sentence. Seeing the provision in a complex, the purpose of it is different (to increase cultural care) than to nationalise the Cathedral.
69
For example, Section 6(1) of Act No. 71/1959 Sb., providing for measures regarding certain private real property expressly states that, under certain circumstances, the executive body of the District National Committee may decide that a rental house together with the building plot on which it is built and the garden bordering the plot, if owned by the owner of the rental house, “passes to the State socialist ownership.”
70
Available online: http://nalus.usoud.cz/Search/GetText.aspx?sz=st-22-05_1 (accessed on 23 August 2022).
71
Decision of the Supreme Court Case No. 28 Cdo 3318/2006.
72
That is, from the previous Decision of the Supreme Court Case No. 28 Cdo 3318/2006.
73
The decision is available online: https://www.zakonyprolidi.cz/judikat/nscr/28-cdo-4969-2008 (accessed on 24 August 2022).
74
Dušan Třeštík, born 1 August 1933–died 23 August 2007, historian of the Academy of Sciences of the CR and journalist.
75
Ivan Medek, born 13 July 1925–died 6 January 2010, journalist and musicologist, head of the Office of the President of the Republic Václav Havel.
76
That is, a body of clergy headed by a dean or provost.
77
It should be noted that the building of St. Stephen’s Cathedral does have legal personality (it is a legal entity) under canon law, which is called “Römisch-katholische Metropolitan- und Pfarrkirche zu St. Stefan in Wien”, and as such it is entered in the Real Estate Cadastre (Grundbuch) as the owner of the plots of land on which it is built, namely plots of land No. 817 (5670 sq m) and No. 818 (70 sq m). Cf.: https://austria-forum.org/af/AustriaWiki/Stephansdom_%28Wien%29#cite_note-97 and https://kataster.bev.gv.at/#/center/16.37316,48.20846/zoom/18.3 (both links accessed on 23 August 2022). By contrast, the Paris cathedral, Notre-Dame de Paris, is owned by the State in accordance with the Act of 9 December 1905, regarding the separation of the Churches and the State (la loi du 9 décembre 1905 de séparation des Églises et de l’État), similar to most religious buildings in France. Cf.: https://www.vie-publique.fr/fiches/271400-la-loi-du-9-decembre-1905-de-separation-des-eglises-et-de-letat (accessed on 23 August 2022). Finally, the Collegiate Church of St. Peter at Westminster is a “Royal Peculiar,” that is, it is excluded from the jurisdiction of the diocese in which it is located, and it is subordinated directly to the monarch. Cf. https://www.bbc.co.uk/news/uk-11795159 (accessed on 23 August 2022).
78
It should be noted that a church is, in fact, a legal entity under canon law. However, that does not change Mahler’s conclusion that the plots of land on which the Cathedral is built are in the ownership of the Cathedral.
79
Act No. 141/1950 Sb., the Civil Code.
80
Act No. 40/1964 Sb., the Civil Code and Act No. 89/2012 Sb., the Civil Code.
81
Similar to, for example, the institution of “floor co-ownership”, which has survived until today in exceptional cases. Cf., for example (Svoboda 1909).
82
Under Section 120(2) of Act No. 99/1963 Sb., the Code of Civil Procedure, in contentious proceedings, the court is not bound only by the evidence proposed by the parties, but it may also present other evidence in addition to the evidence proposed by the parties where it is necessary to ascertain the facts of the case and where it follows from the case file, but this was not considered by the courts deciding the case.
83
For more details about founders and patronage rights, see, e.g., (Hledíková et al. 2005).
84
Cf. also (Frinta 2008).
85
The current Civil Code uses the term ‘endowment institution,’ which includes foundations and endowment funds (cf. Section 303 et seq.).
86
It is not the aim of this paper to describe in detail the legal entities representing the Church and their development. The authors believe that basic information about this institution suffices for the purposes of the present study. For more detailed information on this complicated topic, cf. in particular (Czernin 1997), also (Pšenička 2002) and (Beran 2004).
87
Literally: “[…] wird das Eigenthumsrecht für Katholische Metropolitankirche zum heiligen Veit, einverleibt.”
88
Dominik Václav Duka, born 26 April 1943, 36th Archbishop of Prague and 24th Primate of Bohemia from 2010 to 2022, appointed Cardinal in 2012 by Pope Benedict XVI.
89
Václav Klaus, born 19 June 1941, Czech economist and politician, President of the Czech Republic from 2003 to 2013.
90
The crown jewels are stored (in a strongbox) in the crown chamber. The door to the crown chamber from the St. Vitus Chapel has seven locks (hence the seven keys), leading up a stairway above the southern entrance to the Cathedral (Golden Gate). The crown chamber itself is located above the Golden Gate, behind the mosaic of the Last Judgment (two windows in the mosaic lead directly to the crown chamber). The location of the crown chamber (and the crown jewels kept there) is not random; in the past, people entered the (unfinished) Cathedral through the Golden Gate, so everyone had to (symbolically) pass below the crown jewels—the most important symbols of State power. The symbolism of combining religious and State power is therefore extremely strong.
91
For the sake of completeness, the authors add the current Archbishop of Prague, Jan Graubner, born 29 August 1948, assumed office on 2 July 2022.
92
Cf. Resolution of the Constitutional Court Case No. I. ÚS 1240/09-1 available online: https://www.zakonyprolidi.cz/judikat/uscr/i-us-1240-09-1 (accessed on 24 August 2022).
93
The problem was that, in addition to the Cathedral, the dispute concerned the Collegiate Chapter of All Saints at Prague Castle, led by another legal entity representing the Church, different from the Metropolitan Chapter of St. Vitus. The dean of this chapter, Václav Wolf, opposed Archbishop Duka, and refused to withdraw the constitutional complaint. Archbishop Duka resolved the delicate situation by electing a new dean as the head of the chapter: German Albert-Peter Rethmann, who withdrew the complaint. However, Václav Wolf informed the Constitutional Court that he still considered himself to be the rightful dean, since Rethmann’s election had been invalid. The Constitutional Court expressed its opinion on the matter in Resolution Case No. I. ÚS 1240/09-2, stating that “The interpretation of the individual provisions of the Code in borderline or contentious situations […], however, does not fall within the competence of the either the bodies of the Czech Republic, general courts or the Constitutional Court. The above follows from the principle of the secular State and the autonomy of Churches and religious societies enshrined in the constitution [in particular, Article (2)(1) and Article 16(2) of the Charter of Fundamental Rights and Freedoms]. Where doubts arise concerning the canon validity or permissibility of a certain act, possibly relevant to Czech law, the bodies of the Church (ecclesiastical courts, congregations, etc.) have exclusive competence to decide the case, and the State body (recording body, courts, etc.) does not review the autonomous opinion of the Church in any way, and accepts it as is.” Cf. also (Pregler 2017).
94
Cf. Resolution of the Constitutional Court Case No. I. ÚS 1240/09-2 available online: https://www.zakonyprolidi.cz/judikat/uscr/i-us-1240-09-2 (accessed on 24 August 2022).
95
Available online: https://www.zakonyprolidi.cz/judikat/uscr/iv-us-822-11-2 (accessed on 24 August 2022).
96
Miloš Zeman, born 28 September 1944, Czech politician, economist, and the President of the Czech Republic since 2013.
97
Cf. Section 155 et seq. of the 1950 Civil Code and Section 119 of the 1964 Civil Code.
98
Under Section 506(1), component parts of a plot of land include the space above and below the land, structures built on the land, and other facilities, except for temporary structures, including anything embedded in the plot of land or attached to the walls.
99
The situation where a plot of land and a structure built on it are owned by different persons is regulated by Section 3056 of the CC by the establishment of a statutory right of pre-emption, where the owner of the land on which a structure is built, which is not a component part of the plot of land under the existing legal regulations and did not become a component part of the plot of land on the date of effect of this Act (meaning, in particular, due to being owned by a different person), has a right of pre-emption to the structure, and the owner of the structure has a right of pre-emption to the plot of land.
100
Available online: https://ikatastr.cz/#kde=50.09018,14.39985,19&info=50.09093,14.40027 (accessed on 23 August 2022).
101
A component part of a thing is defined in Section 505 of the CC as anything that belongs to a thing by its nature and cannot be separated from a thing without devaluing the thing.
102
The text is available online: https://www.cirkev.cz/archiv/100524-slavnostni-prohlaseni-o-spolecne-peci-o-katedralu (accessed on 24 August 2022).
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