|
|
Expropriation of rights to land
Meitner, Luděk ; Žákovská, Karolina (advisor) ; Franková, Martina (referee)
Expropriation of rights to land Abstract This diploma thesis deals with the legal institute of expropriation. As defined in the Act No. 184/2006 Sb., Expropriation Act, expropriation is forced withdrawal or restriction of ownership to land (or structure) and of right corresponding to servitude to that land (or structure) and subsequent transfer of ownership or acquirement of right corresponding to servitude by someone else. Therefore, at the beginning I am introducing land (including all its components, particularly structures, and closely related terms - ground and plot), which is the most common object of expropriation. Essential part of this thesis however presents each requirement for lawful expropriation, expropriation proceedings and related judicial review of expropriation decision in order to assess statutory regulation of this complex topic on the basis of suitability, conformity with the constitutional order of the Czech Republic and case law of the European Court of Human Rights and the ability to fulfil its purpose - timely execution of projects that are beneficial to the public good (while also keeping essential rights of the expropriated unaffected by such execution). If necessary, I am also proposing possible changes to statutory regulation. Expropriation however is not covered only by one...
|
|
|
The principle of maintaining the Cadastre of Real Estate in accordance with the actual status
Pastieriková, Laura ; Franková, Martina (advisor) ; Žákovská, Karolina (referee)
The principle of maintaining the Cadastre of Real Estate in accordance with the actual status. Abstract This thesis, under the title The principle of maintaining the Cadastre of Real Estate in accordance with the actual status, deals with the influence of one of the fundamental rules of administration of the public register of real estate on the protection of its desired state. The sub- questions that are particularly addressed in the thesis are the reasons for the existence of situations in which this state is not fully achieved and the means available to remedy it. Based on the answers to these questions, the aim of the thesis is to evaluate the effectiveness of the instruments in which the requirement to apply the principle of keeping the cadastre in accordance with reality is manifested. In accordance with the above-mentioned structure of the issues, the thesis is divided into the corresponding chapters. The introductory chapter serves to define the essence of the cadastre as a public register, list the individual objects of registration and describe their main characteristics, and finally summarize the basic purpose of the establishment of the cadastre. The second chapter deals both with the principle of keeping the cadastre in accordance with the actual state and with other principles, the observance...
|
|
|
Protection of Invertebrates in Legal Regulation of European Union
Chlup, Petr ; Žákovská, Karolina (advisor) ; Stejskal, Vojtěch (referee)
266 Protection of Invertebrates in the Legal Regulation of the European Union Abstract In recent years, studies on the population trends of insects and other invertebrates reported widespread declines most pronounced in intensely developed regions, such as Europe. The likely causes include various activities of the industrial society, including agriculture, urbanisation, forestry, and commercial fishing. Most of these activities are governed by, inter alia, legislation on the EU level. This thesis argues that even though there are no completely white spaces in the EU law and relevant legislation addresses most of the important areas of invertebrate conservation, the current legislation is not comprehensive and inclusive enough. The arguments for this conclusion are derived from the analysis of the current EU legislation in the face of the biological context of invertebrates. In Part I, the contextual framework for the analysis is built up by outlining the presented problem of declining invertebrate populations. A short introduction to the taxonomy and ecology of invertebrates is followed by a summary of the environmental threats they currently face. The threats are matched to the corresponding EU legislation, thereby laying out the structure of Part II. The second part includes chapters on the relevant...
|
|
|
Legal regulation of animal testing
Zábojníková, Daniela ; Žákovská, Karolina (advisor) ; Stejskal, Vojtěch (referee)
Legal regulation of animal testing The diploma thesis is analyzing current legislation in the field of animal experiments. It is formed by five chapters and each chapter is concerned with different aspects of animal protection, when focusing on experimental animals in particular. The first chapter is divided into three subchapters and it is successively describing development of animal experiments, progress of legislation dealing with animal protection and experimental animal protection on the international and European level, when analyzed is also Czech legislation in the last subchapter. Second chapter is focused on the basic legal sources and its legal foundation. It has four subchapters, when every subchapter explains relevant terms, which are being formulated in the experimental animal protection law. This chapter of the diploma thesis also involves sections dedicated to experiments and alternative methods of the experiments. Following chapter of the thesis (chapter nr. 3) describes legislation of the experimental animal protection and it is constituted by three subchapters, which are regarding ensuring expertness of the experiments, farming of and caring for the experimental animals and also approving, progress and finishing the process of the experiment. Every subchapter is then divided into...
|
|
|
Maintaining the Land Register in compliance with the actual situation
Chvosta, Pavel ; Franková, Martina (advisor) ; Žákovská, Karolina (referee)
The Land Registry is one of the largest information systems with extraordinary requirements on the accuracy and reliability of the data in it. The seeking and repairing the incorrect data in Land Registry is the up-to-date charge aimed to improve the status of the land registry data and in this way strengthen the sureness and confidence of the owners related to the Land Registry. In my work is described the process how to solve erroneous data in the Land Registry. This effort has the aim to keep the Land Registry in conformity to all laws, documents and other data, which were put to the Land Registry to keep it up-to-date. The situation in terrain, in reality is obliged to be in perfect correspondence with the one registrated in Land Register, too.
|
|
|
Integrated prevention of pollution and the protection of the environment
Ječná, Tereza ; Žákovská, Karolina (advisor) ; Franková, Martina (referee)
The purpose of my master thesis is to analyse the incorporation of Directive 96/61/EC concerning integrated pollution prevention and control in the Czech legal order, show the strengths and weaknesses of current regulations and to find some solution. The thesis is composed of chapters, each of them concerning different aspects of integrated pollution prevention and control (hereinafter "IPPC"). Chapter One is introductory and explains origin of environmental protection. Chapter Two concentrates on sources of regulation of IPPC, firstly explain the role of international law in environmental protection. The chapter is subdivided into two parts. Part One presents the evolution of environmental law of the European Union and Part Two focuses on Czech legislation of IPPC. Chapter Three deals with the principles of the IPPC regulations. The fundamental principles are principles of prevention, highest value, sustainable development, integrated protection, best available techniques and participation of public. The basic legal instruments of the IPPC are treated in Chapter Four which is subdivided into three parts. Part One deals with the integrated permit; Part Two describes subjects of regulation of the IPPC and Part Three its obligations. Chapter Five concerning the procedure to issue integrated permits...
|
|
|
Creation and cessation of the land ownership right - legal forms
Pernicová, Martina ; Žákovská, Karolina (advisor) ; Drobník, Jaroslav (referee)
I chose for my diploma thesis the theme which is called "Creation and cessation of the land ownership right - legal forms". The aim of the work is to give complex and complete description of basic legal forms of acquiring ownership right to land. The presented work is divided into ten chapters. The first part (second chapter) of the diploma thesis determines the concepts of "ownership", "real estate", "land", "plot" etc. According to Czech law concept of "real estate" means mainly under grounds and buildings firmly linked to ground. Property right as one of the basic human rights protected by Human rights act which for example says that the property right could be restricted or taken away only according the law, inter the legal bounds and for compensation. The current legal order of the Czech Republic regulates the ownership in three types of legal regulations: the Civil Code or the Commercial Code represent the general regulation, the Czech Republic Property Act represents the special regulation and moreover, there are numerous laws mentioning the land property. Third chapter consists of the historical overview on the development of the land's ownership in the Czech Lands in period 1918 - 1989. First I described both Land Reforms governing the considerable transfers of the state property after...
|
|
|
Right to information on the environment
Polcarová, Kristýna ; Žákovská, Karolina (advisor) ; Sobotka, Michal (referee)
The international obligations of the Czech Republic in relation to the right to information on the environment, following from its membership in the European Union and from the ratification of the Aarhus Convention, were fulfilled formally especially by adopting the Act on the Right of Access to Information on the Environment (InfŽPZ) and the Act on Free Access to Information (InfZ). As follows from the facts mentioned in the chapters above, however, the coexistence of both legal regulations in practice is not always easy, for the liable subjects may have difficulties especially in distinguishing, which of the two is to be used to proceed in a particular case. Further, difficulties may also occur in practice where one part of a request is to be treated under InfŽPZ and the other under InfZ. Here, the liable subject will have to deal with different legal process regulations, concerning especially the terms of attendance to the request and to the filed appeal. It is obvious that such a situation is complicated unnecessarily both for the liable subject and for the claimant, again only increasing the demands for the knowledge of law of the involved parties. With respect to the purpose of this legislation, however, it should be noted that the legislator should have de lege ferenda chosen such a legal...
|
|
| |
|
| |
guest ::
