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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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Principle of superficies solo cedit and its importance in land law
Štěpánková, Jana ; Franková, Martina (advisor) ; Žákovská, Karolina (referee)
The aim of the thesis is to describe the concept of the superficial principle in the valid legal regulation and its influence on land law relations. As a result of the reintroduction of the superficial principle into the legal order of the Czech Republic by Act No. 89/2012 Coll., The Civil Code, all that is associated with the earth's surface becomes part of the given land. The thesis is divided into five structured chapters. The first chapter is devoted to land law as an interdisciplinary law system. The aim of second chapter is to explain the key importance of the superficial principle within the context of land law. The third chapter deals with the historical background of the development of legal relations to immovables in the territory of the Czech lands, also including the introduction of the Roman settlement as the basis of the superficial principle. The next part of the thesis contains the interpretation of the most important legal institutes related to the superficial principle in the context of the valid law. The chapter further describes exceptions to the principle. The fifth part of the thesis is focused on the analysis of selected land law relations influenced by the superficial principle.
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The State Land Office
Pernicová, Martina ; Franková, Martina (advisor) ; Žákovská, Karolina (referee)
As a subject of this thesis I have chosen the newly formed State Land Office. The aim of this work is to give a complex analysis of its formation, organization, working and activity conferred by law with an emphasis on takeover of activities from the Land Fund of Czech Republic and also transformation of activity and function of State Land Office in response to the new act no. 185/2016 Coll. which amends act no. 503/2012 Coll., concerning State land office and also Land act no. 229/1991 Coll. The main body of this thesis represents a description of: contractual transfers of the agricultural land which is part of the agricultural land fund, and transfers of the other land; restitution of property confiscated by the state to natural persons and churches and religious societies in the decisive period from February 25, 1948, to January 1, 1990; evaluation of differences in the settlement of restitution claims of natural persons and churches with the state; privatization of the state property; elementary and complex land consolidation; The thesis is divided into seven chapters. At first, I focus on the explanation of basic terminology and institutes to give the reader their meaning in the Czech legal doctrine. In the second chapter, I describe the transformation of the Land Fund of the Czech...
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Legal Framework of Conditions for Game Hunting
Pečinka, Jan ; Stejskal, Vojtěch (advisor) ; Franková, Martina (referee)
The main goal of this rigorous thesis is to analyse the legal framework for game hunting in the Czech Republic and its historical development in order to suggest some possible improvements of its shortcomings. The main focus is concentrated on the legal framework for gamekeeping and fishing. This rigorous thesis does compare also the local Czech legislation with the international law and with the legal framework in the European Union. A special attention is paid to the comparison of the Czech legislation for game hunting with its Slovakian equivalent.
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Land ownership of churches and its particularities
Biznárová, Katarína ; Franková, Martina (advisor) ; Žákovská, Karolina (referee)
Land ownership is specific not only for the unique features of the land but also because it constitutes an extremely important legal institute that affects the existence and functioning of the society. Land ownership is historically inherently connected with the churches and has also been the subject of frequent disputes. The property of churches was also subject to continuous public oversight, which was intensified during the period of the reform of the Josef II, Holy Roman Emperor and subsequently intensified in the course of the 20th century, when numerous limitations of ownership right toward land were made. In this thesis I focus on the specifics of land ownership of churches, their description and historical development. In conclusion of my work I discuss the process of the settlement between Czech state and churches in relation to lands that have been the subject of proprietary wrongdoing and, all on the basis of the long-awaited Act No. 428/2012 Coll., on property settlement with churches and religious societies. Due to my previous work experience at the law firm, where I was able to participate in the assessment of the requests for historically expropriated land and other immovable property applied by authorized persons, I decided to break down the subject matter in my diploma thesis more...
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Public participation in decisions making related to the environment protection
Němeček, David ; Franková, Martina (advisor) ; Derlich, Stanislav (referee)
5 Public participation on the decision-making procedure regarding the environment protection is a very important aspect within the building-permitting process. In this thesis, I focus particularly on the public participation in the form of associations through the entire permitting procedure of the structures. The desired goal of this thesis is to analyse the current Czech legislation including with a preview to the international legislation regarding the two fundamental rights: right to information and right to participation. I analyse the actual state of the association participation within the procedure using the relevant case-law. Above all, I aim to the comparison of the current need of such extensive rights to participation against the preservation of the interest of the environment protection and public monitoring function which is definitely important within any procedure. Finally, I am reaching the opinion that the structure-permitting procedure is unnecessarily complicated which can't be a benefit for the public nor the investors. In my opinion, the entire procedure should greatly simplify and the cooperation between the public and the investors should be carried out in a different manner.
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Legislation protecting undeveloped land
Pleskačová, Tereza ; Franková, Martina (advisor) ; Derlich, Stanislav (referee)
This thesis deals with the matter of regulation concerning undeveloped landscape protection. The focus here is an analysis of the legal regulation and instruments governing serving to protection of land in terms of its quantity and quality both from the perspective of environmental law and in terms of town and country planning. Land as a key resource is not unlimited and its unreasonable and irresponsible exploitation might have serious impact to the future generations. In this thesis, which is divided into three chapters I focus on various aspects of legal protection of undeveloped landscape from the perspective of different laws governing the matter. The first chapter contains definitions of key terms used for the purpose of the thesis. The second chapter focuses on different instruments of undeveloped landscape protection, which are town and country planning, general protection of nature, special protection areas and protection of soil, especially on farmlands and forests. The third chapter analyzes the conflict of the right of ownership and the Constitutionally guaranteed right to a hospitable environment. Special attention is given to expropriation for the purpose of nature protection.
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Compensation for removal and restriction of the ownership right to land
Šafránek, Petr ; Franková, Martina (advisor) ; Žákovská, Karolina (referee)
The aim of this diploma thesis is to give a comprehensive view of the legal regulation of compensation for withdrawal and limitation of the ownership right to land. This thesis is divided into eight chapters, where the introductory part is followed by six chapters and the conclusion. The first chapter briefly explains the basic institutes with an emphasis on the uniqueness of the land. The second chapter discusses the conditions of expropriation. The third chapter focuses on compensation for land expropriation. The fourth chapter deals with the limitation of the ownership right to land. The fifth chapter analyzes compensation for the limitation of the ownership right to land. The sixth chapter describes selected Acts of environmental law in the perspective of fourth and fifth chapter. In conclusion, this diploma thesis summarizes the main findings. As regards compensation for expropriation, the legislation is not stable and allows unjustified differences between landowners. As for the limitation of the ownership right to land, the situation regarding the provision of compensation is not always clear and there are some gaps in the legislation. However, these can be overcome by case-law.
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