K vývoji bytového družstevnictví v Československu

The first part of the study contains a brief historical survey of the main principles, forms and juridical regulations concerning the Czechoslovak housing cooperatives, since the beginning of the movement in question at the end of the last century, up to the present time. The development of the movement of housing cooperatives can be divided, from the point of view of its economical conditions, of its juridical forms and of the principles on which it was based, into three phases: 1. The phase since the foundation of the first building and housing associations at the end of the 19th century, up to the political, economical and legal reorganization of the housing cooperatives in the years fifty. 2. The phase during which the popular housing cooperatives were the unique form of the Czechoslovak housing cooperatives. 3. The phase since the beginning of the cooperative housing construction and the creation of the building and housing cooperatives, representing a new juridical form of the Czechoslovak housing cooperatives; this phase is still lasting. In the second part of her study, the author concentrates her interest, as far as the involved problems of civil law are concerned, on two problems: on the qualification of the membership relation and on the juridical position of the member of the cooperative towards the housing fund of the cooperative. As far as the qualification of the membership relation is concerned, this relation is considered either as being predominantly or exclusively a property relation, or as being predominantly or exclusively a political one, in accordance with the nature of the housing cooperative and determined by the object of the activities of the cooperative. From this standpoint of view a comparison is drawn between the housing cooperatives created according to the section 70/1873 of the imperial code and the popular housing cooperatives regulated by the Act No. 53/54 C. of L. and the building and housing cooperatives, founded according to the Act No. 27/59 C. of L., concerning the cooperative housing construction and newly regulated by the Economical Code No. 109/64 C. of L. While the housing cooperatives, created on the basis of the Act No. 70/1873 of the imperial code, concerning societies, were exclusively property associations, the popular housing cooperatives and the building and housing cooperatives are predominantly, but not exclusively, property associations. Besides their fundamental economical activities, which consist in the building, the consumption and the maintenance of the housing fund, they fulfil also certain cultural and political tasks as voluntary social organizations of the working people. After an analysis of the cooperative membership relation under the aspects of its origin and its extinction, as well as under the aspect of the rights and duties constituting its content, the author arrives to the conclusion, that the membership relation in the housing cooperatives, created on the basis of the Act No. 70/1873 of the imperial code, was exclusively a property relation, whereas, as far as the popular housing cooperatives and the building and housing cooperatives are concerned, this relations is predominantly, but nor exclusively, a property relation. The author qualifies this relation, as far as the legal aspect is concerned, as a civil juridical relation. The examination of the legal position of the members of the cooperative towards the cooperative housing fund leads the author to the conclusion that, differently as it was in the case of the housing cooperatives, created on the basis of the Act No. 70. 1873 of the imperial code, the member of a building and housing cooperative becomes, according to the regulations until now in force, only user of his apartment, because the valid Czechoslovak legal rules do not admit the so called property housing cooperatives. The right of the member to his apartment is based on the relation of personal cooperative use of the apartment, which is qualified as constituting a specific institution of civil law.