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Usufructuary right of building and other ways of erecting house on the land of another
Buchar, Jan ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Usufructuary right of building and other ways of erecting house on the land of another The purpose of this thesis is to analyse comprehensively the institute of usufructuary right of building and other ways of erecting house on the land of another. Other legal institutes that can be used to set up home on a foreign land are easements, lease, usufructuary lease, precarious loan and loan for use. The Civil Code, after more than sixty years, is returning to the superficial principle, with which is the usufructuary right of building inherently connected and which represents an exception from that principle. Thesis is divided into four parts. The largest is the first part, which deals with the usufructuary right of building. The second part is devoted to other institutes, which enable the establishment of a house on a foreign land. The third part is the comparison of the usufructuary right of building with other institutes. The fourth part focuses on the usufructuary right of building legislation abroad. The focus of this thesis is in the first part, which consists of nine chapters. The first chapter defines the basic concepts and institutes related to the usufructuary right of building. The second chapter describes the history of the usufructuary right of building. The third to the seventh chapter...
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The land easements- comparaison between Czech and French legal regulation
Nováková, Klára ; Žákovská, Karolina (advisor) ; Franková, Martina (referee)
The present diploma thesis studies the topic of landed servitude, which represents one of the forms of restriction of real estate ownership rights. Landed servitudes form part of the real property rights, in particular of the rights in rem to another person's property. This legal institute dates back to Roman law when, like today, it represented a restriction of real estate ownership rights of one property in benefit of a better use of another property. The base of the landed servitudes is twofold: first, there is real estate for whose benefit the servitude is established (the dominant land) and a real estate burdened by an easment for another property (the servient land). Second, the servitudes limit the property rights of one real estate (the servient land) for the benefit of the owner of the other property (of the dominant land). The institute of servitude is compared between two legislations: Czech, covered by law nž 89/2012, and French, contained in the Frech civil code, Code civil. Powered by TCPDF (www.tcpdf.org)
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Rights to foreign property in energy sector
Veselíková, Kateřina ; Damohorský, Milan (advisor) ; Humlíčková, Petra (referee)
This diploma thesis deals with rights to foreign property in the energy sector (electric, gas and heat industry), which are regulated as Energy Act No. 458/2000 Coll. It deals mainly with easements, protective zones, and other public rights to property. This public nature is due to the fact that these rights are established by the law and in the public interest. The aim of this diploma thesis is to evaluate the current and antecedent legislation of the issue of rights to foreign property in connection with the construction of the energy network infrastructure.
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Easements
Křižánková, Jana ; Dvořák, Jan (advisor) ; Pohl, Tomáš (referee)
Rigorous work tries to analyze Institute easements, both in terms of de lege lata and de lege ferenda. In each chapter, we discuss the emergence of easements, ways of their demise, as is discussed especially their contents and pricing, particularly with regard to the current case law of the Czech courts. The work also compares the historical treatment of this institute with the present and with future modification, included in the proposed new Civil Code. Any changes in legislation, this work tries to analyze and recommend future development of this institute appropriate solutions to current needs.
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Easements
Blažková, Hana ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
This thesis deals with the legal institute of easements. These are rights in rem to another person's property which restrict the owner of immovable property in favor of another person so that he is obliged to tolerate something, to refrain from something or to perform something. Easements serve more beneficial usage of immovable property or in favor of a particular person. The thesis consists of ten chapters. The first chapter describes the historical development of easements in five sub-chapters. The second chapter deals with the definition and function of easements. The third chapter examines their sorting. The fourth chapter deals with the content of easements. The most common easements - the right of way and the right to use a flat or a room - are described in two sub-chapters. The fifth chapter deals with an issue of recording easements in the land register. The sixth chapter, the largest, successively pays attention to individual ways of their creation in six sub-chapters. In three sub-chapters of the seventh chapter modification of easements (in their subjects, content and object) is analysed. The eighth chapter examines individual ways of termination of easements in six sub-chapters. Separately, in the ninth chapter, limitation of time of easements is dealt with. The final chapter describes...
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A comparison of the normal value of infrastructure easement to the prices determined by the internal regulations of municipalities
Prokopová, Tereza ; Klika, Pavel (referee) ; Sedláček, Jan (advisor)
The thesis deals with the valuation of the servitude of the engineering network by normal price and based on the internal regulations of municipalities. The theoretical part focuses on the issues related to the easements, brief historical overview, structure, possibilities of the creation and termination, as well as the description and structure of the technical infrastructure with a focus on gas conduction. The last theoretical part contains of a description of the ways and methods of the valuation of the easements. In the practical part the actual valuation of the easements based on the internal regulations of municipalities and the own calculation of the normal price are carried out.
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Valuation of land loaded by easement
Nedůchalová, Ludmila ; Hlavinková, Vítězslava (referee) ; Sedláček, Jan (advisor)
This diploma thesis solves issue of the easements and their impact on evaluation of the land. Primary there are decribe basic topics of the isuue, further on legal procedure of the easements and the constituon, modification and termination. Next there is describe types of prises and evaluation of the land, easements and the lands with these easements. In the practical part there is evaluation of the specific land (with the market value and administrative price), which is loaded by easement of way over the land.
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Effect of amendments to the Civil Code on the real estate practice
Buchtová, Michaela ; Šmahel, Milan (referee) ; Klišová, Jana (advisor)
On 1 January 2014 the new Civil Code no. 89/2012 Coll., which affected many areas, came into force. This thesis deals with the changes that have an impact on real estate activities. To the change of the Civil Code no. 40/1964 Coll. an introduction of new Cadastral law no. 256/2013 Coll. is closely related. Influence of this Cadastral law on a real estate practice is also described in this work. The conclusion summary of this work is a mapping of changes and an assessment of the extent to which they affect a real estate practice.
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Legislation and Valuation of Easements
Adámek, Tomáš ; Šmahel, Milan (referee) ; Sedláček, Jan (advisor)
My diploma thesis deals with the problems of easements put on buildings in the Czech Republic. The whole work is divided into the text part and the draft part. In the text part there are the common concepts going together with valuation in general, methods of the valuation. Next, there is a legislation of easements, methods and processes of easements and getting the value. Based on the knowledge gained in the text part, in the introduction of the draft part there is a valuation of the family house, including the whole equipment. On this family house there are three easements, including the easement of the free accommodation in one part of this house, the easement of the limitation of the construction activities, easement of the location of the mail box on the family house. The house and easements are valuated either for the taxes or for selling the building. At the end there is the final value of the building with easements, conclusion and recommendation for similar cases.
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Value Determination of Properties Burdened with Easements
Fojtík, Zdeněk ; Cupal, Martin (referee) ; Sedláček, Jan (advisor)
The thesis deals with the determination of real estate value easements established in favour of constructions transport infrastructure. The aim is determination of real estate value in an current price and official price. In connection with the established easement it is substantiate the devaluation of the real estate related with the occurrence of the easement. In the first part the thesis I deal with the forensic engineering, real estate market, easements and with their valuation. In the project part there is concretely solved valuation of real estate loaded with the easement.
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