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Superficiary right of building
Schattke, Alena ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
This thesis explores options for placing building on another owner's land. It aims to identify the individual rights that enable it and provides a cross comparison of them. However, the key focus lies on the institute called right of building that was re- introduced into Czech private law as of January 1, 2014. The first section discusses legal options to locate a building on the land of another owner in general terms. It also defines key terms immediately related to the right of building. The core of the thesis focuses on the institute of the right of building as an option for construction building on the land of another owner. The historical development of the right of building in the Czech Republic and its historical predecessors is also discussed and compared with the institute of the right of building in Austria. In the final section, the right of building is compared to other options allowing for construction building on another owner's land. The thesis is divided into fourteen sections. The key portion, comprising Sections 2 through 10, discusses the institute of the right of building and contains an analysis and evaluation of the corresponding individual articles in the Civil Code. Although the legal framework governing the right of building is incomplete or ambiguous in many cases, the...
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Superficial Right of Construction in Czech and French Law
Srbová, Alena
PRÁVO STAVBY V ČESKÉM A FRANCOUZSKÉM PRÁVU, 2015 Abstract (English) Superficial Right of Construction in Czech and French Law The Superficial Right of Construction is one of the new institutions of civil law after the entry into force of the new Czech Civil Code on January 1st , 2014. But the institute is not quite unknown to Czech law, because it was a part of it until 1964. This fact enables to compare the current legislation with the previous provisions and to follow up the development of the explored institute's concept, both in terms of the shift of its nature from public to private, as well as of its content. It is also possible to identify the characteristics of "new" Czech Superficial Right of Construction which reflect not only the development of law in the last fifty years in general, but also of a similar institute in other (European) countries. One of such an institute is undoubtedly French bail à construction, existing since 1964 which seems appropriate for comparison with Czech Superficial Right of Construction mainly due to its continual development and a fairly frequent practice use in its home country. Apart from the relation of Superficial Right of Construction to the Roman principle superficies solo cedit, identification of the expression and legal nature of the institute, excursion into...
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Right of superficies and its comparison to Austrian law
Kolísková, Zuzana ; Franková, Martina (advisor) ; Stejskal, Vojtěch (referee)
The right of superficies and its comparison to Austrian law Abstract This thesis describes the right of superficies that was adopted into the Czech legal system by the Act Nr. 89/2012 Sb., Civil Code and compares it with the Austrian right of superficies adopted by Act Nr. 86/1912. The objective of the thesis is to describe the key attributes of the right of superficies according to Czech law and to compare it with the corresponding provisions of the Austrian law. The thesis also deals with provisions of the Czech right of superficies that may be unclear or problematic to interpret and offers the possible way in which these provisions could be interpreted by drawing upon the example of the Austrian right of superficies. The thesis also contains the evaluation of the Czech right of superficies and some ideas for improvement of some its provisions. The right of superficies is described according to Czech and Austrian law in each chapter separately to aid the comprehensibility of the thesis and each chapter also contains the comparison of the concrete attributes of the Czech and Austrian right of superficies, respectively. Analytic, synthetic and comparative methodologies are used in this thesis. The introduction contains a brief historic development of the right of superficies and of the principle superficies...
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Legal principle of superficies solo cedit and its significance in land law
Humenná, Katarína ; Franková, Martina (advisor) ; Žákovská, Karolina (referee)
The topic of the diploma thesis is the legal principle superficies solo cedit and its return into the Czech law. The main aim of this thesis was to give a comprehensive view of this issue, especially how the return of the principle has changed land law relations. The first part of the thesis describe the division of the law to private law and public law. The first part is followed by the historical excursion which describes how the principle originated and how and whether it was part of the legal order in the past. The next chapters of the thesis are the main part of the work and describes the principle in todays law. Firstly the incorporation of the principle into the Civil Code is described and then individual paragraphs governing the principle follows. The definition of the basic terms as land, construction and temporary construction which are used by Civil Code but not described in it are the topic of next chapter. Next, relatively extensive chapter named line constructions describes exceptions to the principle. The basic definition of exceptions can be found in the Civil Code but more detailed regulation is contained in public acts, therefore private and public law is intertwined in this area. Easements to real estate, historical development of its legislation and today's legislation in this...
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Real rights written to the Cadastre
Nippert, Filip ; Šváb,, Tomáš (referee) ; Kutálek, Stanislav (advisor)
The thesis deals with real rights written to the cadastre. It is divided into ten chapters and starts with the definition of real rights and its historical development. Then, it disusses the cadastre as a public list. The thesis also deals with situations, where there is discordance between the real legal relationship and what is registred in the cadastre. The following chapters are devoted to the property rights including their mofications, the right of contruction, trust funds, the easement and lien. The thesis also discusses the cases when the property is used by another person and secondary agreements in the contract. It also contains simple plat maps concerning certain institutes mentioned in this thesis.
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Right of Superficies and Different Possibilities of a Building Construction on Another's Land
Březina, Jan ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
This Master Thesis deals primarily with the legal institute of the right of superficies. It also deals with some another legal institutes which can be used for a building construction on another's land. The Thesis' aim is primarily the analysis and evaluation of the effective legal regulation of the right of superficies and furthermore its comparison with historical regulations, with the Swiss regulation, as well as the comparison with another institutes which can be used for a building construction on another's land. The Thesis is divided into five chapters which are divided into subchapters. The first chapter defines the basical relevant terms which are important for understanding of the legal institute of the right of superficies. The second chapter is dedicated to the history of the right of superficies and introduces historical legal regulations of this legal institute. At first, the original Roman law institute of superficies is introduced, furthermore all the acts which governed the right of superficies in the history in the area of the Czech Republic are analysed, including the regulation of the proposed Czechoslovak Civil Code that never came into force. The attendance is dedicated also to the period when the right of superficies did not exist in the Czechoslovak or Czech legal order. The...
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Superficiary right of building
Schattke, Alena ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
This thesis explores options for placing building on another owner's land. It aims to identify the individual rights that enable it and provides a cross comparison of them. However, the key focus lies on the institute called right of building that was re- introduced into Czech private law as of January 1, 2014. The first section discusses legal options to locate a building on the land of another owner in general terms. It also defines key terms immediately related to the right of building. The core of the thesis focuses on the institute of the right of building as an option for construction building on the land of another owner. The historical development of the right of building in the Czech Republic and its historical predecessors is also discussed and compared with the institute of the right of building in Austria. In the final section, the right of building is compared to other options allowing for construction building on another owner's land. The thesis is divided into fourteen sections. The key portion, comprising Sections 2 through 10, discusses the institute of the right of building and contains an analysis and evaluation of the corresponding individual articles in the Civil Code. Although the legal framework governing the right of building is incomplete or ambiguous in many cases, the...
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Superficiary right of building and other possibilities of building on land of another
Lupač, Petr ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
The topic of this thesis is the superficiary right of building (and other possibilities of building on the land belonging to a third party, though the focus is primarily on the institution of the superficiary right of building). The principle "superficies solo cedit" was reintroduced in Czech legislation when the new Civil Code (Act No. 89/2012, Coll.) came into force. Along with this principle, the institution known as superficiary right of building has also returned to Czech law after a hiatus of more than 50 years. This thesis seeks to provide a comprehensive interpretation of the superficiary right of building, to explain the individual rights and obligations arising from the superficiary right of building, and to compare the institution of superficiary right of building to other possibilities of erecting a building on land which belongs to someone else. The first chapter defines some of the basic concepts which facilitate the explanation of individual issues and the understanding of certain connections in the following chapters. The second chapter describes the history of the superficiary right of building, which has its roots in the times of ancient Rome. This chapter also undertakes a characterization of legal regimes which were previously in force on the territory of todayʼs Czech Republic. Over the...
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Institute of Right to Build in Czech and German Law
Švecová, Kateřina ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
Institute of Right to Build in Czech and German Law The thesis deals with the topic of the institute of right to build in Czech and German law. The elementary aim of the thesis is to describe the legal institute of right to build, not only in the Czech legal system, but also in the German legal system. The right to build is an absolute property right with effect erga omnes. It belongs into a group of rights, which privileges one to use a thing of someone else. The statute declares the right to build to be real property. On the ground of the right to build arises the right of the builder to have a building on the surface or under the surface of the encumbered piece of land. The right to build is always limited through a set period of time, it should not be created for longer than 99 years. The typical features of the right to build are alienability and inheritability. The content of this thesis is divided into four chapters. The nature of right to build, as a right, which privileges one to use the thing of someone else, is described in the first chapter. There are also descriptions of the basic legal terms associated with the right to build. The chapter describes the terms 'building' and 'builder' as well as the principle of superficies solo cedit. The second chapter is dedicated to the history of...
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