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Legal Aspects of Removing environmental Damages
Niklas, Jaroslav ; Drobník, Jaroslav (advisor) ; Stejskal, Vojtěch (referee) ; Müllerová, Hana (referee)
A widespread occurrence of the former ecological damages and contaminated locations in the Czech Republic has been a rudiment of more than 60 years of non-democratic regimes in 1938-1989. Then, the preserving of nature and handling of harmful substances for industrial and other purposes was at a very low level. A systematic removal of these detriments of the past extended after democratisation in1990. The Czech State has taken on the responsibility for removing some of these damages, especially as a part of privatization. This has been a long-term, risky and legally demanding enterprise. A unified, co-ordinated approach to the matter at a national level has not been established yet, despite of the enormous budget. Moreover, some of the issues have not been addressed at all. Such a situation requires an immediate action since the public health has been put at risk either because of a direct contact with harmful substances or due to the groundwater contamination. Time-wise, the legal commitment of the State regarding the budgeting for decontamination of the former ecological damages of the privatized assets has not been limited. The process has been continuing for 19 years and its proceeding depends on the State assets' privatization timeframe and termination. It has been a legal obligation of the...
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The issue of constructions on the land of another
Novotná, Veronika ; Drobník, Jaroslav (advisor) ; Franková, Martina (referee)
Diploma thesis deals with the issue of constructions on the land of another. At first the thesis focuses on definition of basic terms, i.e. the construction and the building plot. In the following text is concerned about permission to build. Attention is focused on three types of titles of use - lease, easement and of peripheral importance, loan of land, which is not given a full explanation, but only focusing on issues related to the topic of work. To the previous issues link two institutes which deal with third and fourth chapter - authorized and unauthorized construction. Authorized construction is current problem in the future and therefore it is very noticeable lack of explicit rules that must be compensated for general rules of unjust enrichment. The chapter on unauthorized construction is divided into sections according to the character of each "type", i.e. whether the construction is movable thing or realty and whether the authorization to construction lacked from outset or dropped out after the construction was built. Last but not least the work deals with public-law issues and also the role of public law in the formation of conditions for the rise of construction - in the chapter devoted to building plot, and also issues permission to build as a public-law act, which makes possible to...
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Transfer of ownership right to land
Němečková, Petra ; Drobník, Jaroslav (advisor) ; Franková, Martina (referee)
1 Abstract Transfers of land ownership This thesis provides a clear and comprehensive explanation on the transfer of land ownership and institutions associated with this issue. Land from other things in the legal sense is so different that it raises the need to create specific legal regulations, which contain the basic institutions and principles of land law. The special nature of the land is determined by its specific characteristics that distinguish it from all other things. Although it has a long tradition of land ownership, it has still not developed it's uniform and comprehensive legislation. General law for the transfer of land ownership is a civil code. Special regulations are cadastral law and the law on registration of ownership and other rights in real estate, the law on transfers of agricultural and forest land, Land Act and others. Due to the adoption of a new civil code, there are some places to identify and compare to the current legal system, and possible adjustment for the future. The thesis is divided into four parts. The first part contains general characteristics of land ownership, and describes its object, subject, content, institutions and basic concepts that are associated. The second part deals with various ways of transfer of title to land. The basic meaning of transfer is when the...
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Legal regulation of expropriation
Burda, Zdeněk ; Drobník, Jaroslav (advisor) ; Franková, Martina (referee)
77 Abstract The aim of this work is to give readers a treatise on the legal regulation of expropriation together with its causes and starting points. Expropriation, as an inter-sectoral dynamic institute, has undergone long-term development. The current regulation was adopted relatively recently, and only practical application will show, whether the revolutionary or just cosmetic changes are necessary. Expropriation is a forced intervention to property rights on the basis of an individual administrative act, its main object are lands and then other objects. We need to realize, that the change in legislation can not address all the problems and ambiguities that may arise in the process of expropriation. Legal conditions and procedures are based on the constitutional limits, which have to be always respected. Although the meaning of this work is to create a treatise of applicable legislation of expropriation and make its evaluation, the first chapter contains a treatise on the concept of expropriation. To understand the rules alone is here with regard to the concepts defined by different authors as a narrower concept of forced expropriation of extreme and serious damage to public property rights of beneficiaries. The first chapter is closely followed by the second chapter, which governs the object of...
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Development of land property on the territory of Czech Republik, role and interference of the state
Kubeš, Karel ; Drobník, Jaroslav (advisor) ; Franková, Martina (referee)
The thesis maps and analyzes the development of landed property on the territory of the contemporary Czech Republic since 1918 until the beginning of the 21st century. A special attention is devoted to the role and interference of the state into the development of this field. An essential part of the text comprises an introduction to the proprietary rights. The thesis presents a structural insight into the landed property system and its significance not just for the actual legal development on the territory of the contemporary Czech Republic but also for the ability to meet the basic existential needs of people living on this territory during particular, more or less historically important time periods. In more detail, it deals with the development of landed property after 1918, 1948 and 1989. It examines the issues of land reforms, socialization period and agrarian collectivization as well as the more recent ones. These include the process of restitution and privatization of landed property. Besides analyzing the contemporary legislation de lege lata, the author also addresses the proposals de lege ferenda. Simultaneously, the author devotes attention to the state land ownership; therefore, in the broader context, the question of the contemporary role of the state as the land owner is analyzed,...
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Rights to use the land
Kuzníková, Michaela ; Franková, Martina (advisor) ; Drobník, Jaroslav (referee)
The subject matter of the thesis is the issue of the right to use land. The most common form of such rights is represented by the institute of lease. The thesis informs of the valid legal regulation of this institute contained in the general provisions of the Civil Code on lease contracts and in the individual provisions of special legal regulations. The thesis also outlines the history of the legal regulation of usufructs from the 19th century as it is an integral part of the issue in question. The thesis briefly introduces other forms of usufructs, such as loan, personal right of user and last, but not least, the right to manage national property. The final chapter concerns itself with the form of the legal regulation in the latest version of the Civil Code.
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Viniculture and wine-production from the legal point of view
Doležalová, Jana ; Damohorský, Milan (advisor) ; Drobník, Jaroslav (referee)
The title of the thesis is "Viticulture and winemaking from the legal point of view". The purpose of my thesis is to analyze the Czech legislation of viticulture and winemaking. It is important to include the law of the European Union because it directly regulates the national legislation. The aim of this thesis is to give a complex insight into the valid viticulture and winemaking law. The thesis is composed of seven chapters, each of them dealing with different aspects of the topic. The first chapter is introduction and provides only starting point of the thesis such as terminology. Chapter two is subdivided into six parts and surveys historical background of viticulture and winemaking in the Czech Republic. Each part is devoted to one important era starting in antiquity and explores the evolution till current situation. Chapter Three shows viticulture and winemaking law in the context of the Czech legal system and highlights links between mentioned law and environmental policy. Chapter Four characterizes current EU legislation and focuses on regulations concerning common agricultural policy in the sphere of viticulture and winemaking. Chapter Five outlines Czech legislation and is subdivided into seven parts. It is the main part of the thesis and it reports on the current Czech regulation of...
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Recordings in the Land Register (Cadastre)
Čoček, Miroslav ; Franková, Martina (advisor) ; Drobník, Jaroslav (referee)
Record into cadastre The purpose of my thesis is to analyze czech legislation regarding czech cadastre, to research, if there are some problematic subjects and to present some of my own suggestions de lege ferenda. The reason, why I chose this subject, is that all people have to deal with record into cadastre at least once in their lifes, so I thought it would be usefull to present something like a manual for everybody, in which I analyze what forms of record are available, how do they work, what are the problems etc. The thesis is composed of three main chapters, which are subdivided into parts. Chapter One is introductory and defines the basic elements of czech cadastre. It is subdivided into five parts. First part focuses on history of czech cadastre from the first real estate registry attempts in bohemian and moravian lands until todays cadastre. This part helps us to understand, where are the main reasons of todays problems regarding cadastre. Second part describes basic elements of czech cadastre, its functions and acts that govern the whole subject. Third part is about the subject of czech cadastre, that means it names which realties are recorded in cadastre and what information about these is registered. Fourth part concerns about the content of cadastre, which is divided into sections of geodetic,...
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The Land Register (Cadastre)
Vitula, Milan ; Drobník, Jaroslav (advisor) ; Franková, Martina (referee)
RESUMÉ The Land Registry The Land Registry is a collection of data concerning the estates in the Czech Republic including a registration list with specification of their geometric and positional sites. It is an integrated, continuously updated system in which ownership titles and other property rights are registered. In addition, data can be applied by other public municipal systems, mainly for protection of estates rights, for tax and fee payment purposes, for protection of environment, cultural monuments, for land development purposes etc. The Land Registry's mission is to provide the best service for guaranteeing ownership of property and facilitating property transaction. In pursuit of this mission, the Land Registry's principal aims are to maintain and develop a stable, effective registration system as the cornerstone for the creation and free movement of interests in property, to guarantee title to registered estates and interests within the territory of the Czech Republic, to provide ready access to updated information relating to registered estates and to make property transactions easier for all. The purpose of my thesis is to summarize basic information about the Land Registry and to provide to a reader a total view of the subject matter to better orientate in such a "law labyrinth". The thesis is...
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