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By-laws of a Cooperative
Čechová, Hana ; Oehm, Jaroslav (advisor) ; Zahradníčková, Marie (referee)
By-laws of cooperative The aim of the thesis is to deal with legal regulation of by-laws of a cooperative in the Czech Republic according to current legislation, after so-called recodification of civil law and to compare with foreign legal regulation. The thesis is composed of five chapters. Chapter one is introductory and defines basic issues of by-laws according to contemporary statutory regulation. It describes such as a characteristics of by-law, its legal nature, methods of adoption and processing of changes, assumption of its becoming in force. The second part is dedicated to obligatory requirements of by-laws given by current legislation. The chapter deals with requirements which necessary have to be incorporated in the by-law such as provided possibility of its modification. It concerned especially with bodies of cooperative, rights and duties of its members, formation of membership and other requirements. Third chapter deals with facultative requirements of by-laws, which mean the requirements cooperative is able to choose if they should be a part of by-laws. Facultative requirements can be realized by undertaking of provision of the Commercial Code, by its extension or by its own regulation within the statutory authority. Chapter four describes a specific kind of cooperative and its...
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Legal regulation of ownership of cooperative flats
Horník, Tomáš ; Oehm, Jaroslav (advisor) ; Plíva, Stanislav (referee)
The diploma thesis deals with contemporary legislation of housing co-operative as one of the most frequent type of flat ownership in the Czech Republic. The housing co-operatives represent legal entities that meet the housing needs of more than 1.5 millions people in the Czech Republic. Therefore, undoubtedly, the legal aspects of the housing cooperatives became a much discussed issue. Although the housing co-operatives have a long tradition on the territory of Czech Republic, the thesis focuses mostly on the effective legislation taking into consideration the historical aspects when required due to necessity of the issue's complexity. The thesis is divided into five separate chapters. The first chapter generally describes the contemporary housing co-operative legislation and its challenges in regards to the near future recodification of the Civil law. Second chapter focuses on defining fundamental terms such as "co-operative," "housing co-operative," "co- operative housing unit," etc. The third chapter concerns the co-operative membership emphasizing the establishment of the membership, rights and obligation of the members, membership contribution, transfer of rights and duties connected to the membership in a housing co-operation, the membership share transfer, complicated issue of the joined...
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Rights and duties of a member of the unit owners association
Brinda, Pavol ; Oehm, Jaroslav (advisor) ; Horáček, Vít (referee)
93 8 Summary The purpose of my thesis is to analyse rights and duties of the member of Flat owners association. The study characterises qualities and shortcomings of the valid legislation in one of the most important sectors of housing and tries to compare it with a new legislation, which is in preparation. Next purpose of this study is to provide sollutions of everyday problems associated with the housing issue. My thesis is composed of four chapters. Chapter One is introductory and defines basic terminology used in the sector of housing. The chapter is subdivided into four parts. Part One characterises sector of housing in common. Especially it focuses on terms flat and non-residential premises and ownership of these immovable things. Part Two describes history of this special sort of ownership. Part Three explains theories associated with the housing and attempts to systematize them. Part Four looks at valid legislation. Chapter Two describes artificial legal entity created by the statute called The flat owner association. The chapter consist of eight parts and deals with the legal capacity and purpose of this legal entity, with membership in the flat owner association, with commencement and cessation of its legal existence, with its bodies and Articles of Association. The flat owner association does not...
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Legal regulation of ownership of cooperative flats
Semjanová, Dáša ; Oehm, Jaroslav (advisor) ; Čech, Petr (referee)
69 Abstract The purpose of this thesis is to describe the legal regulation of ownership of cooperative flat. The thesis is composed of four chapters, each of them dealing with different aspects of legislation of ownership of cooperative flat. Chapter one is composed of four main subchapters, and contains brief descriptions of basic institutes of each cooperative. The first chapter also contains an explanation what the cooperative is, who are the members of cooperative, what is an organization and regulations of cooperative, and how the cooperative expires. Second chapter is aimed on the flat cooperative. Its first part contains short historical overview of legal regulation of flat cooperative since their creation, till the second half of the twentieth century. Second subchapter explains the concept of the flat cooperative. Inside the following two subchapters of this chapter are described kinds of a typical flat cooperatives, and detailed described the concept of cooperative flat. Third chapter of the thesis analyzes the transfers of the flats cooperatives to the ownership of their members. In the first subchapter is an explanation of the legal regulation, which offers the change between the owner of the flat from the cooperative to its member- man. In this part are also described the theoretical...
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