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Expropriation of real property
Havelka, Rostislav ; Salač, Josef (advisor) ; Millerová, Ivana (referee)
RÉSUMÉ This master's thesis examines the legal institute of "Expropriation of Real Property", i.e. severe interference with the inalienable absolute right to own property, which is guaranteed by the Constitution of the Czech Republic as well as the European Convention for the Protection of Human Rights and Fundamental Freedoms. This thesis concentrates on the basic principles of the institute of "Expropriation", the current legal framework, its comparison to earlier institutes and to the institutes implemented in various EU member states; it also examines current and past court cases and analyses court rulings of all levels of jurisdiction dealing with the subject of "Expropriation". This thesis also comments on the current legal framework, indicates its potential problems and attempts to find a solution taking into account that there is hardly any literature covering the current legal framework and that there have not been many court rulings dealing with this subject in contemporary Czech history, which on the other hand gives enough space for the reasoning of the respective authors covering the given subject. Moreover, given the lack of the aforementioned sources, it is difficult to grasp the subject and come to grips with it properly. This offers a whole range of possible interpretations and differing...
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Expropriation of real property
Havelka, Rostislav ; Salač, Josef (advisor) ; Millerová, Ivana (referee)
RÉSUMÉ This master's thesis examines the legal institute of "Expropriation of Real Property", i.e. severe interference with the inalienable absolute right to own property, which is guaranteed by the Constitution of the Czech Republic as well as the European Convention for the Protection of Human Rights and Fundamental Freedoms. This thesis concentrates on the basic principles of the institute of "Expropriation", the current legal framework, its comparison to earlier institutes and to the institutes implemented in various EU member states; it also examines current and past court cases and analyses court rulings of all levels of jurisdiction dealing with the subject of "Expropriation". This thesis also comments on the current legal framework, indicates its potential problems and attempts to find a solution taking into account that there is hardly any literature covering the current legal framework and that there have not been many court rulings dealing with this subject in contemporary Czech history, which on the other hand gives enough space for the reasoning of the respective authors covering the given subject. Moreover, given the lack of the aforementioned sources, it is difficult to grasp the subject and come to grips with it properly. This offers a whole range of possible interpretations and differing...
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