| |
| |
| |
|
Usucaption in the Context of the Civil Law Recodification
Horký, Jakub ; Salač, Josef (advisor) ; Frinta, Ondřej (referee)
Usucaption in the Context of the Civil Law Recodification This master thesis analyzes the concept of usucaption in the context of the recodification of civil law. Its aim is to describe this institute both in its historical context and in the current legislation. It also aims to compare these codifications with each other and try to resolve some of unclear points of interpretation. Usucaption is a legal concept pursuing harmonization of possession as a de facto state with ownership as a legal status, after a specified period of time expires. It is a traditional civil law concept, however it is still relevant today. The master thesis analyzes significant changes in relation to the concept of usucaption, which were introduced by the Czech Civil Code No. 89/2012 Coll. The thesis begins with an introduction, then it proceeds with four main chapters, which are further subdivided into subchapters, and it ends with a conclusion. In the first chapter, I lay out general definitions which are fundamental to the following analysis, namely, I provide a definition of possession, detention and usucaption itself. The second chapter introduces the historical background, starting with a brief description of the concept of usucaption in Roman law, continuing with the codification of usucaption provided by ABGB and...
|
|
Servitudes
MAREŠOVÁ, Miroslava
Submitted bachelor thesis deals with easements, especially with servitudes. This is a right in rem to things someone else's and this is one of the forms of restriction of property rights. The very word easement tells us that the matter should serve someone other than the owner of a thing. This limitation is mostly used for lands and buildings. This thesis contains the legislation of the New Civil Code, which is valid from 1st January 2014. The New Civil Code returns to the previous legislation of servitudes. Its history goes back to the Roman law. The Code of XII boards contained first mention associated with adjustment path. The next chapter is focused on analyzing the real estate agencies in České Budějovice. The aim of the bachelor thesis is to determine whether real estate agents use the legal institute of servitude and whether it is convenient for them or not.
|
|
Analysis of the Development of the Valuation Method for Holiday Houses near Buchlovice
Hladká, Alena ; Jandásková, Tereza (referee) ; Hlavinková, Vítězslava (advisor)
The work deals with the valuation of a holiday cottage according to the previous valuation regulations and subsequently according to the present valuation regulation. In the chapters deal with individual valuation periods, description of a specific holiday cottage, valuation of the land, description of the locality. Easements are also part of the work. Valuation of a holiday cottage is done through practice expert’s reports drawn up for the second, third and present valuation periods. In the annex are available documents related to legal and construction developments of holiday cottage.
|
| |
|
The easements from the perspective of Financial law
Gříbková, Petra ; Marková, Hana (advisor) ; Boháč, Radim (referee)
The thesis aims to map, from the perspective of the Financial law with overflow to Civil and Administrative law issues of the easements, in favour of the public infrastructure of network operators. Its content is an analysis of this legal institute from its historical development, definition, classification of the existing financially legal consequences, through financial analysis of practical examples of easements with the impact of the legal practice of financially both public and private spheres, for predicting the development of this issue for the effectiveness of the new civil code. Institute of easement is analysed mainly with an emphasis on the specificities of the public elements with a direct effect to the management of local government units, or the state itself, with efforts to find an effective balance of losses and benefits associated.
|
|
Classification and characterization of real rights - comparison Czech republic, France
Milotová, Martina ; Elischer, David (advisor) ; Thöndel, Alexandr (referee)
The aim of this thesis is to compare legal regulations of real rights in Czech and French legal order. With respect to current situation, when starting the 1th january of 2014, the new civil code becomes effective, this thesis deals as well with the novelties in real rights' regulation established by the law nř89/2013 of Collection of Laws, civil code. This thesis consists of seven chapters. In the first chapter, I mention the aim of the thesis, its brief content and elaboration process. In the second to sixth chapter, the thesis deals in concrete with the real rights and its institutes. In each of these chapters, the Czech legal regulation according to the current civil code is mentioned first. Then, a discourse about French regulation follows. If both regulations are same, similar or slightly or absolutely different. Finally, a comparison with the new civil code is attached to practically all chapters. If it holds the current regulation or if it establishes new notions, institutes or conception or regime of the current institutes. And provided it brings novelties if it tends by them towards the French regulation or if it choses absolutely new solutions. The second chapter deals with real rights in general terms. With their conception and systematics. The thesis deals with the question how the...
|
|
Compensation for the establishment of easements - a polemic with selected procedures
Hanák, Jakub ; Sedláček, Jan
The issue of compensation for the establishment of the rights of easement is repeatedly the subject of professional discussion. In this paper we respond to some opinions, which have recently been presented in professional journals. We consider it necessary to bring additional insight and arguments, at least in terms of determining the annual benefit and determine the nature of the land on which the right to be equivalent to an easement established. Attention is also paid to other related problems (such as overuse of awards fixed amount of expert practice). Due to the professional focus is the contribution of the authors expressed particular case easement location and operation of building technical infrastructure.
|