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Legal principle of superficies solo cedit and its significance in land law
Švarc, Ondřej ; Franková, Martina (advisor) ; Žákovská, Karolina (referee)
The topic of this thesis is the return of the legal principle of superficies solo cedit into the Czech legal order. The thesis aims at the comprehensive overview and the analysis of the issue of this principle based on its inclusion both in the historical and contemporary context. Another objective of this thesis is to look at the registration of the principle, including related institutes, into the public register - the cadastre of real estates. This thesis is divided into three parts. The first part of this thesis follows the development of the superficial principle across the history, including the comparison of its use in given legal orders. This section begins with a glance at Roman private law and its selected institutes which have been incorporated into modern Czech private law by the reception of Roman law. The room will be also given to the law of the Habsburg monarchy and the provisions of the ABGB, civil code that has been valid on our territory until the 1950. The last chapters of this part are devoted to land law in the socialist Czechoslovakia and, in particular, to the 1964 Civil Code. The following section is the core chapter of this thesis. It aims to offer a comprehensive view of the re-establishment of the superficial principle in the context of not only the 2012 Civil Code...
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Principle of formal publicity in the Cadastre of Real Estate and personal data protection
Tůma, David ; Franková, Martina (advisor) ; Žákovská, Karolina (referee)
The Cadastre of Real estate has relied on a principle of formal publicity for a long time since the Cadastre integrates functions of both land registry and land cadastre. According to some authors, unfettered access to information in the Cadastre is the only possible way to meet its purpose. Such idea is in a violation of a right to privacy and personal data protection that were accepted as fundamental human rights, therefore I am convinced that there exists a necessity to find an equity between the value of privacy and the principle of formal publicity. The diploma thesis deals with contemporary legislation of Cadastre's publicity as well as its prior regulation. Every single important amendment concerning publicity is followed by a comment where I try to criticize it objectively with regard to the personal data protection. The first part of the thesis consists of a description of what a cadastre is and what the word means, history of land registry and land cadastres in the context of predecessors of the Czech Republic and finally the Cadastre of Real estate of the Czech Republic. There is a short section categorizing the principle of formal publicity among other principles applied to the Cadastre at the end of the part as well. The second part explains in general the value of privacy along with...
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Records in the Land Register
Zemanová, Renáta ; Franková, Martina (advisor) ; Drobník, Jaroslav (referee)
This thesis is focused on the records in the land register. This topic still has its relevance in the contemporary world and can appear in any person's life. That was one of the factors why the author had chosen this area for analysis. The other was her overall interest in property law and registration. The thesis is divided into two parts. The first is focused on the land register by itself and its role as an important source of information. In the beginning of the first part some typical concepts related to the land register are introduced. The next section is dedicated to the brief history of the property registration which is considered to be useful for the better understanding of the contemporary legal regulations. Those are discussed in the next chapter together with the position of the land register by itself, its purposes, content and structure. The special attention is paid to the objects in question - concretely the properties registered by this institution. The second part of this thesis, the most extensive, focuses on the particular acts of recording into the land register - registration, record, note and respective proceedings. In the first part of the second section, the rights which are objects of the records are mentioned. The most commonly used is the right in property, which is...
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The legal regime of the building land
Ouvínová, Kristýna ; Žákovská, Karolina (advisor) ; Franková, Martina (referee)
This diploma thesis describes the legal regime of the building land, which is regulated by the legislation of the private and public law, and focuses on the recent amendment of the building code as amended by the act no. 225/2017 Sb. The use of the legal regulations is displayed in the case study analysing the legal regime of the specific lands designated for the construction. The main aim of this thesis is to characterize the process and the institutes of the public and the private law as having the crucial influence on the building land, to focus on their mutual connection and to demonstrate their application in the case study. According to the last amendment of the building code the aim of this thesis is to refer to the new or modified institutes influencing the legal regime of the building lands and to define the relevance of the amendment for the construction. The diploma thesis consists of four chapters. The first chapter includes the introductory information. The general listing and the description of the legal sources, the fundamental legal terms connected with the building lands and the characterization of the case study of the shopping centre is described in this chapter. The second chapter deals with the civil law regime of the building lands and analysis the civil law institutes such as the...
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Construction entitlement and construction permit
Grym, Christian ; Franková, Martina (advisor) ; Sobotka, Michal (referee)
This diploma thesis is focused on legal aspects of a private and public construction law from builder's perspective with a special emphasis on several current issues of Czech legislation and jurisprudence. As its name suggests this thesis is divided into two parts which corresponds to construction entitlement and construction permit. The first part of the thesis is comparison of terms land and building within different legal regulations. These two terms are highly important because they represent a normative basis for the issue. Subsequently, the most frequent private- law titles, entitling the construction of a building, together with the institutions of usucaption and the problem of unauthorized construction, which are very closely related to these titles, are analyzed. The core of this thesis is the second part, dealing with spatial planning, planning proceeding and construction permitting. These partial problems are analyzed in a timeline as they naturally follow from one viewpoint of the builder. While less emphasis is placed on spatial planning and construction permits, a deeper analysis is devoted to the planning proceeding. This fact has its merit, because from the procedural point of view, the planning proceeding is of the greatest importance and also has a close connection with a...
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Large-scale Nature Conservation Areas in the Czech Republic and Selected European Countries in the Legal Context
Mazancová, Eva ; Franková, Martina (referee)
The main goal of the thesis is to analyze and compare the degree of protection of the large-scale nature conservation areas in the legal orders of the Czech Republic, the Russian Federation and the United Kingdom of Great Britain and Northern Ireland, and, in the conclusion of the thesis, to answer the question of whether these countries' regulation provides a sufficiently effective protection to these areas. Legal orders of the examined countries are analyzed with regard to the scope and effectiveness of the large-scale nature conservation legal instruments. Administrative instruments are examined and compared, including the degree of proprietary rights restrictions and related compensations of property loss. Furthermore, the conceptual and economic instruments (both positive and negative stimulation) are also examined. The analysis also focuses on the regulation of legal liability in regard to the large-scale nature conservation. Next, the thesis focuses on the institutional framework of the large-scale nature conservation in the examined countries and on the evaluation of the scope of the nature protection authorities' competence. Another point of interest is the degree to which the rights of the relevant subjects (owners, municipalities, environmental NGOs) are affected by the designation of a...
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The legal regulation of hiking and some selected free-time activities in Czech legal system
Korbařová, Sylvie ; Stejskal, Vojtěch (advisor) ; Franková, Martina (referee)
The legal regulation of hiking and some selected free-time activities in Czech legal system The theme of this thesis is "The legal regulation of hiking and some selected free-time activities in Czech legal system". The aim of it is comprehensive synopsis of the issue of practising hiking and other selected free-time activities in Czech legal system. It familiarizes its readers with constitutional law basis of freedom of movement and freedom of stay, as well as with common grounds of legal regulation of given activities. Thesis is focused on a few laws, which are the most important from the perspective of this thesis. These laws allow basic overview of the most important institutes which regulate protection of water, protection of forest, general and particular protection of nature and land, restriction of admittance, restriction or prohibition of activity and other. Furthermore thesis talks about basis of legal regulation of offenses contained in given laws. In next part thesis describes selected activities and limits of its practising. Thesis is especially focused on hiking, and related activities as camping, overnight staying in nature, bivouacking, fire-making, which have sort of privilege position (according to a title of thesis). Moreover thesis describes water tourism, horse-riding,...
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Viniculture and wine production from the legal point of view
Langová, Kateřina ; Damohorský, Milan (advisor) ; Franková, Martina (referee)
Vinohradnictví a vinařství z pohledu práva 2018 Viniculture and wine production from the legal point of view Abstract This thesis focuses on the existing legal regulation of viticulture and winemaking in the Czech Republic and aims to provide a comprehensive overview of the related legal norms. As the legal regulation of viticulture and winemaking is part of environmental law, the thesis focuses both on the relation of this activity to the environment, and on its relation to other relevant areas of law. A particular focus is put on Act No. 321/2004 Coll. on viticulture and winemaking, the main legal regulation in this area of interest, but also on other laws, which provide subsections of viticulture and winemaking activities. The thesis is subdivided into 7 chapters. The first chapter focuses on the historical development of the legal regulation of viticulture and winemaking in the Czech Republic since its beginnings until the 1990s. The second chapter deals with the position of viticulture and winemaking within the Law of the Czech Republic. Due to the nature of viticulture and winemaking, this activity can be considered part of agricultural law, which consists of legal regulations from multiple areas including both private and public law legal regulations. The third chapter is devoted to the sources of...
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Caves and their legal protection
Chvátalová, Eva ; Franková, Martina (referee)
This diploma thesis aims at Czech legislation related to conservation of caves both in terms of its link to the protection of caves as subterranean spaces and parts of the natural environment and of its relation to other fields of expertise, including legal studies (e.g., mining law) and other disciplines (e.g., geology, carsology). First, our attention is paid to definition of the term "cave" and to links of the term to natural sciences. Further, we analyse the development of legal conservation of caves and approaches to caves as a subject of legislation per se. The example of Slovenia - being a prominent speleological country with recognized legislation in terms of its quality and detail - is used in order to compare Czech approaches to cave conservation. Concerning the practical issues, we present an example of conservation effort devoted to one single cave in Czechia, which enables to describe functioning of legal conservation tools, including the themes where these tools overlap. We also present and discuss the only one Czech case-law dealing with the legal aspect of caves.
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Environmental rights of indigenous peoples
Vančurová, Marta ; Franková, Martina (referee)
This thesis deals with the analysis of the specific instruments of international law applicable to the protection of the environment of indigenous peoples. The thesis consists of four chapters. The first chapter describes the specific relationship which binds indigenous people to their traditional territories and natural resources and the most important threats to these territories and resources. The second chapter focuses on the development of the relationship between the international community and indigenous peoples and analyses the term indigenous peoples. Furthermore, this chapter contains an overview of the international and regional sources of law relevant to the protection of the environment of indigenous peoples. The third chapter draws attention to the international and regional mechanisms of protection of indigenous rights. The fourth chapter contains an analysis of particular environmental rights and systemizes them into collective, minority, individual and procedural rights.
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