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Legal and Historical Background of Shortcomings and Problems of State Property Privatization after 1989
Šorf, Jiří ; Kuklík, Jan (advisor) ; Vochozka, Marek (referee) ; Soukup, Ladislav (referee)
v anglickém jazyce Legal and Historical Background of Shortcomings and Problems of State Property Privatization after 1989 The Doctoral Thesis provides a comprehensive analysis of the legal - historical background of the shortcomings and problems of the process of privatization of state property after 1989 in the Czechoslovak (Czech) Republic in relation to each of the fundamental privatization methods - i.e. small privatization, large privatization (inl. coupon privatization) and restitution. The Doctoral Thesis introduces the historical context of the adoption of relevant legal norms, then provides a detailed legal analysis of their shortcomings and focuses on problems induced by their application. With regards to the identified shortcomings and problems, the Doctoral Thesis analyzes the forms of their mitigation; i.e. addresses the not only the amendments of the respective privatization legal acts, but also the decisions of the general courts as well as the Constitutional court which contributed to their righteous interpretation. Despite the fact that from the time perspective, the first half of 90- s is the decisive period for the Doctoral Thesis, one can identify several overlaps until the present time given by the inconclusive character of several privatization processes. The remarkable...
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Restitutional disputes under Act 229/1991 Coll.
Hubl, David ; Sedláček, Miroslav (advisor) ; Hendrychová, Michaela (referee)
This diploma thesis deals with the issue of restitution disputes according to Act No. 229/1991 Coll. on the regulation of ownership relations with land and other agricultural property. The reason for this topic was the experience of the author of the diploma thesis on restitution disputes, scope and judicial jurisprudence dealing with this issue. The thesis deals with the procedural aspects of restitution disputes, as well as with the substantive law-making aspect of both legal regulation and rich judicial jurisprudence. The diploma thesis systematically describes the most important types of restitution disputes - disputes about the restitution of original removed real estate, disputes about the existence of claims of entitled persons to compensation for immovable properties which can not be restituted, disputes about the correct value of claims of authorized persons and disputes about the grant of specific substitute real estates owned by the Czech Republic as a replacement for real estate that can not be restituted. The work emphasizes the breakthrough and current judicial jurisprudence of the Supreme Court of the Czech Republic and the Constitutional Court of the Czech Republic. In the thesis, the author considers the importance of this case law and gives the case law a connection with the...
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The history of land adjustment in our country during the 20th century
KÁNDLOVÁ, Monika
This Bachelor thesis concerns the history of land adjustment in our country during the 20th century. The aim of this thesis was to describe the development of land adjustment and property rights to them since 1918 in the form of a literature esearch. The first, longer part of the thesis deals with land adjustment from the beginning of Czechoslovakia to the present, with view to the future. It describes land reforms and land registers and property rights registers. The second, shorter part of the thesis concerns church, church property and treatment with it during the historical periods and also church restitution in the nineties. It solve the question of the possession of church property and also how the church has got its property.
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Restitutional disputes under Act 229/1991 Coll.
Hubl, David ; Sedláček, Miroslav (advisor) ; Hendrychová, Michaela (referee)
This diploma thesis deals with the issue of restitution disputes according to Act No. 229/1991 Coll. on the regulation of ownership relations with land and other agricultural property. The reason for this topic was the experience of the author of the diploma thesis on restitution disputes, scope and judicial jurisprudence dealing with this issue. The thesis deals with the procedural aspects of restitution disputes, as well as with the substantive law-making aspect of both legal regulation and rich judicial jurisprudence. The diploma thesis systematically describes the most important types of restitution disputes - disputes about the restitution of original removed real estate, disputes about the existence of claims of entitled persons to compensation for immovable properties which can not be restituted, disputes about the correct value of claims of authorized persons and disputes about the grant of specific substitute real estates owned by the Czech Republic as a replacement for real estate that can not be restituted. The work emphasizes the breakthrough and current judicial jurisprudence of the Supreme Court of the Czech Republic and the Constitutional Court of the Czech Republic. In the thesis, the author considers the importance of this case law and gives the case law a connection with the...
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Changes in Human Relations to the Land in Wallachia in the 20th Century
Adamová, Lucie ; Zicha, Zbyněk (advisor) ; Samek, Tomáš (referee)
This bachelor thesis deals with human relation to the land and its transformation in connection with significant changes in the political scene. Human relation to land is not influenced and defined merely by geographical location, but also by historical development of given area and other external influences and one of them is the political situation. Between the years 1948 - 1989, the Communist Party with its specific approach to personal ownership and the ownership of land ruled the territory of today's Czech republic. The Communist regime has also strongly influenced the historical development of Wallachia. Agriculture and pastoralism have been and still are characteristic for this region and local people have been dependent on these for several centuries. People who owned the fields, land or farms started loosing their property and the concept of personal ownership itself started to change. These changes have then influenced several generations of farmers living in this area. The key task of this thesis is to map the influence of the Communist regime on the human relation to land in Wallachia. The theoretical part of the thesis introduces the development of agriculture in Wallachia in the 20th century, the region of Wallachia and the general description of human relation to land and the...
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Nationalization and confiscation between 1945 and 1948
Holfeld, Christian ; Kuklík, Jan (advisor) ; Skřejpková, Petra (referee)
The diploma thesis deals primarily with the so-called first stage of the nationalization process in Czechoslovakia, which took place between 1945 - 1948, and the post-war confiscations of the same period, as well. The objective of the thesis is particularly to describe and analyze the then relevant legal regulations and place them adequately in the historical context. The content of the five thematic chapters is adapted to this topic. First, it attempts to define the basic concepts of nationalization, appropriation, socialization, expropriation and confiscation. Subsequently, it examines the basic historical roots of the concept of nationalization. It does so especially by comparing the approaches to proprietary rights through the prism of two dominant ideologies, namely liberalism and socialism. The core of the thesis consists of the nationalization and confiscation decrees themselves and the issues related. The National Institute of Administration was closely associated with this issue, as well. From the legislator's point of view, it was also necessary to distinguish which assets were to be confiscated and which, on the other hand, nationalized. The film industry first, followed by mines and large industrial enterprises, the food industry, banking and insurance companies were subject to...
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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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Land ownership of churches and its particularities
Biznárová, Katarína ; Franková, Martina (advisor) ; Damohorský, Milan (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 modern human 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...
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