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Retention of title
Svoboda, Viktor ; Zvára, Michael (advisor) ; Salač, Josef (referee)
The aim of this thesis is to answer some problematic questions related to the retention of title in the context of the current legislation. Considering the frequency of negotiating reservations in ordinary civil law relations, the thesis seeks to answer those questions that may appear to be relevant for everyday practice. In pursuing its objective, the thesis primarily analyses the current legislation and considers relevant decisions of the courts and the opinions of respected authors. The thesis is divided into five chapters. It proceeds from the most general issues to the more specific sub-aspects of the reservation of property rights. The first chapter contains a brief analysis of the legal regulation of the moment of acquisition of the retention of title. The second chapter focuses on the more general issues of retention of title with a view to discussing some aspects of the retention that have not been satisfactorily addressed by the literature. In addition, the chapter aims to capture the essence of the retention of title. The third chapter deals with selected issues related to the position of the seller. The focus here is on the disposition of the seller's rights and the possibilities of the seller's defence against the buyer's conduct which is contrary to his obligations under the retention. The...
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Specifics of Landownership in Specially Protected Areas
Allohová, Natálie ; Franková, Martina (advisor) ; Stejskal, Vojtěch (referee)
1 ABSTRACT Specifics of Landownership in Specially Protected Areas The thesis deals with specifics of landownership in specially protected areas. The objective is to describe and analyze institutes that a landowner is presumably to encounter in specially protected areas. The thesis also presents the specifics related to the state as landowner in specially protected areas. First chapter as an introduction to the issue presents groundings of specially protected areas in legislation of the Czech Republic. Second chapter firstly provides a definition of landowner in specially protected areas. In connection with the state as landowner in specially protected areas, the rest of the second chapter is dedicated to latter mentioned issue. Followed by an introduction of fundamental institutes that the state implements in terms of achieving the aim of the state being the majority landowner of selected specially protected areas due to its uniqueness. The legal regulation of specially protected areas imposes significant restrictions on ownership rights in real property, more significantly on landownership. After briefly introducing the issue of restrictions on ownership, the third chapter deals with restrictions on ownership (landownership) in part six of Act no. 114/1992 Coll., on Nature and landscape protection. Some...
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Personal ownership in Czechoslovakian law in 1964 - 1990
Ebrahimi, Arian ; Kuklík, Jan (advisor) ; Šouša, Jiří (referee)
Personal ownership in Czechoslovakian law in 1964 - 1990 This thesis aims to comprehensively describe the regulation of personal ownership in Czechoslovakian law in the years 1964 to 1990. The thesis deals with the origin and development of this property type in Czechoslovakia, including the constitutional aspect of property law under socialism and Soviet law, which significantly influenced the Czechoslovakian law. Emphasis is placed on the description of the historical and philosophical roots of property rights with regard to Marxist-Leninist ideology. The introductory part of the thesis comprehensively discusses the regulation of ownership in key legislation before the year 1964, including both post-war Czechoslovakian constitutions and key laws such as the Civil Code of 1950 (Act No. 141/1950 Coll.) or the Economic Code (Act No. 109/1964 Coll.). The main part of the thesis focuses on the regulation of personal property in the Civil Code of 1964 (Act No. 40/1964 Coll.) as amended before 1990. The text compares the original wording of the Code with the amendment of 1982, which returned to the Code traditional Roman law institutes such as possession or easements. The analysis of key provisions in the Civil Code of 1964 is based on contemporary commentaries, legal textbooks and relevant case law,...
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Acquisitive prescription of estate property ownership
Daňková, Lucie ; Šustek, Petr (advisor) ; Salač, Josef (referee)
Acquisitive prescription of estate property ownership Abstract The diploma thesis is dedicated to acquisitive prescription, as one of the originar ways of acquiring ownership rights, focusing on acquiring ownership rights to estate property. The goal of this work is to provide a comprehensive description of the institute of acquisitive prescription with a focus on acquiring ownership rights to estate property, to analyze in detail the changes that occurred in the legislation of acquisitive prescription as a result of the recodification of Czech civil law, and also to evaluate how these changes interfere with the usability of the institute of acquisitive prescription. The diploma thesis is systematically divided into six chapters. In these, it provides a definition of the basic terms directly related to the topic, a historical excursion of acquisitive prescription, which is completed by a detailed analysis of the previous legislation and jurisprudence, an analysis of the current legal regulation of the ordinary acquisitive prescription of the ownership right to estate property, including the re-established institute of extraordinary acquisitive prescription. Furthermore, the work assesses the applicability of the relevant jurisprudence adopted under the previous legislation, evaluates the decision-making...
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Contractual terms implicit from carry over personal estate.
NÁVORKOVÁ, Miluše
This diploma paper describes law history, real estate register and present way of acquisition of realproperty. Next, it solves problems which can originate in deposit proprietary rights to real estate register. It describes why this problem originated, how whole law suite went ahead and in the end how this case turned out.
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Limitations of the rights of the property owner for the purpose of nature and landscape conservation
Hrabánková, Monika ; Franková, Martina (advisor) ; Žákovská, Karolina (referee)
Limitations of the rights of the property owner for the purpose of nature and landscape conservation This degree work is focused on the limitation of rights of the property owner, which correspond to conservation of the environment, specifically nature and landscape conservation. In this degree work, one of the most fundamental themes considered is the method of maintaining balance nature and landscape conservation and conservation of property law in Czech law. Finding a way to maintain balance between these two interests is one of the important steps for long-term successful nature conservation. This part of the degree work is focused on the general regulation of limitation of property law, conditions for its limitation, distinction between internal and external limitations of property law and the related comparison of general and public interests. This analysis is supplemented by defining terms which are important for this subject area (for example the environment, property law, real estate). Another fundamental theme of this degree work is the analysis of concrete limitations affecting the property owner, which result from Act No. 114/1992 Coll. concerning nature and landscape conservation. This degree work contains a cross-sectional selection of individual limitations of property law, which are...
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Indigenous Peoples' Land Rights in Latin America
Černota, Nela ; Lipovský, Milan (referee)
Indigenous Peoples' Land Rights in Latin America Indigenous peoples' cultures are known for their collective, spiritual, intergenerational relationship to their ancestral lands. Indigenous peoples not only depend on their territories with their subsistence but also with the preservation of their distinct cultures. Lands are, however, a significant factor in the vast human rights violations to which they subject. They are often faced with the dispossession of their traditional lands and the disruption of the ecological integrity of their territories. This also affects their traditional way of life and leads to the loss of their cultures. From the 1980s, indigenous peoples have started reclaiming their rights, which has also been reflected in their position under international law. In 1989, the International Labour Organisation Convention No. 169, the Indigenous and Tribal Peoples Convention was adopted. This Convention anchored significantly higher standards of protection of indigenous peoples' rights to their lands. Above all, it abandoned the patriarchal approach of the International Labour Organisation's Convention No. 107, the Indigenous and Tribal Populations Convention. Convention No. 169, moreover, addresses indigenous peoples as 'peoples' rather than 'populations', as was the case in its...
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Acquisition of the right of ownership from a non-entitled person
Novák, Matěj ; Lederer, Vít (advisor) ; Frinta, Ondřej (referee)
Acquisition of the right of ownership from a non-entitled person Abstract This thesis deals with the institute of acquisition of the right of ownership from a non- entitled person [acquisition from a non-entitled person]. It is a way of acquiring the right of ownership which represents an exception to the generally applicable Roman law principle "nemo plus iuris ad alium transferre potest, quam ipse habet" - no one can transfer to another more rights than oneself would have. This exception is rationalised by the fact that the acquirer is bona fide regarding the transferor's authority to transfer the ownership. The institute of acquisition from a non-entitled person is then the result of a conflict of values between the original owner and the bona fide acquirer but depending on other circumstances the resolution of this legal issue may differ from case to case. The thesis is divided into four parts, which are further subdivided into chapters and subchapters. The first part presents the theoretical background of the institute of acquisition from a non-entitled person, as it describes the superordinate terms into which it is usually classified or is part of them respectively. In this part, therefore, the rights in rem and the right of ownership are conceptually defined. This part concludes with an analysis of...
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Countryside Ever Changing - LE3N8 LEŠNÁ
Zavadil, Ondřej ; Ženčák, Přemysl (referee) ; Mléčka, Jan (advisor)
The goal of the master’s thesis is to return the landscape to the people in the sense of rediscovering wealth in our close neighborhood in connection to the relationship between people and the landscape. The work and theoretical background is used in my place of residence, which is the cadastral area of Lešná, which includes 7 municipalities (Lešná, Jasenice, Lhotka nad Bečvou, Mštěnovice, Perná, Příluky and Vysoká). The basis for the work became a personal relationship to the location and physical research in the form of walking the area in a straight line, along paths and finding connections in the landscape. By simply changing my movement, I was able to perceive my own intense experience, which I rely on in my designs. In the area, I have selected 8 places with a unique character, to which I apply the proposed buildings. Each of these unique places has a name in history, but few people know it today. Through specific architectural designs, I return names to these places and bring them back to life through the people who begin to discover these places.
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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...
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