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Records in the Land Register
Bulíčková, Karolína ; Žákovská, Karolina (advisor) ; Franková, Martina (referee)
Records in the Land Register This diploma thesis deals with the institute of records in the Land Register, which, due to Act No. 89/2012 Coll., the Civil Code, underwent numerous changes that needed to be reflected in legal regulation of the Land Register. At the time of writing this thesis, it has already been 6 years since the recodification of the Civil Code and changes associated therewith. Thus, it is possible to evaluate the legal regulation of records in the Land Register in its whole complexity. The thesis is divided in five parts that analyse different aspects of this legal institute. The first part of the diploma thesis outlines the historical evolution of the evidence of real estate itself for better understanding of current legal regulation. The second part of the thesis is focused on current legal regulation of the Land Register, its essential principles of holding the Register and extracts from the Land Register providing information about the state of real estate. The third part deals with the subject of evidence, as not all real property is being registered in the Land Register. Regardless the general description, the contentious part of the issue based on legal regulation is being involved in the description of each real estate as well. The fourth part of the diploma thesis aims to...
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Dams in legal relations
Majerák, Pavel ; Franková, Martina (advisor) ; Pokorný, Jiří (referee)
TITLE: Water reservoir in legal relations AUTHOR: Pavel Majerák DEPARTMENT: Department od Environmental Law SUPERVISOR: JUDr. Martina Franková, Ph.D. ABSTRACT: This diploma thesis deals with the analysis of the issues of legal relations of water reservoirs, namely as a specific water work or naturally originated,so called natural body of water. In relation to the absence of legal definition of the term of water reservoir it defines the term of water reservoir itself and it closer introduces its single forms which it subsequently introduces in single legal regulations of public and private law. Special attention is paid to water reservoirs in the concept of protection against the impacts of droughts and in realization of anti-flood arrangements. KEYWORDS: water reservoir, law, water work, flood, drought
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Conceptual tools of spatial planning and its specifics in specially protected areas in Šumava
Komárek, Matěj ; Franková, Martina (advisor) ; Stejskal, Vojtěch (referee)
Conceptual tools of spatial planning and its specifics in specially protected areas in Šumava The thesis concerns with the relation between nature and landscape protection and spatial planning in Šumava. In Šumava we find Czech biggest national park and the whole area is protected with some other territorial protection tools of landscape and nature. Simultaneously we find in Šumava a large number of villages some of them located in the most strictly protected areas. In 2017 an amendment to the act no. 114/1992 Coll., on nature and landscape protection, was approved. The thesis was created at the turn of 2019 and 2020 when some territorial protection tools, such as quiet zones in national park, national park management plans and national parks zoning systems were redefined based on the 2017 amendment. This amendment has changed significantly the protection tools of landscape and nature and strengthen its role in the national parks. The mayors of municipalities were outright against the amendment and argued that as a result of this amendment the development of the villages would be limited. The thesis concerns with specifics of conceptual tools of spatial planning in Šumava, i. e. how the villages are limited in its territorial development by the existence of specially protected areas, also...
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Binding opinions as an instrument of the natural and landscape protection
Štěpánková, Jana ; Franková, Martina (advisor) ; Pokorný, Jiří (referee)
This thesis focuses on the binding opinion and defines its key role in nature and landscape protection. From the author's viewpoint construction activity is an activity with the greatest impact on nature and landscape and the submitted work focuses, among other things, on the evidence that the purpose of issuing binding opinions is the regulation of construction. The thesis consists of introduction, conclusion and five chapters divided into subchapters according to logical and well-arranged structure. The first chapter discusses the role of the body concerned in the protection of the public interest, which is the protection of nature and landscape. The second chapter is structured into several subchapters and is devoted to the description of the binding opinion. The author analyzed its definition features, its legal nature and its content requirements. The last part of this chapter is devoted to the process of issuing binding opinions. Furthermore, the author focused on the review mechanism of binding opinions, namely its legislation in the Code of Administrative Procedure, the Code of Administrative Justice, including a deviation from the general regime laid down by the Building Act. The fourth chapter is devoted to the definition of the involved authorities concerned by the law on nature and...
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Legal instruments of ensuring access to land
Blažejová, Barbora ; Franková, Martina (advisor) ; Žákovská, Karolina (referee)
Legal instruments of ensuring access to land This thesis is concerned with an analysis of legal instruments of private and public law, which are able to ensure an access to land. The thesis is written from a perspective of a land owner without an access or with a difficult access to his land. Hence the content of this thesis is limited to legal instruments protecting such owner. The aim of the thesis is to cover all the legal options of ensuring an access to land, provide a detailed analysis of each instrument and further consider its frequency and suitability for general practice. In addition, I also present comparison of the instruments from the aspect of procedural law. Within the thesis I make an extensive use of case law, which illustrates both the potential development of legislation and familiarizes the reader with an abstract legal terminology by its application to real-life situations. The thesis is divided into nine chapters, whereas the chapter one provides a classification of the legal instruments from the private and public law perspective and a classification into a voluntary and a forced access. This chapter is followed by an enumeration of each instrument of ensuring an access to land. Firstly, there are listed the private law instruments, i.e., lease, easement, necessary passage, statutory...
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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 regulation of special territorial protection of nature and landscape in the Czech Republic
Šílený, Jan ; Žákovská, Karolina (advisor) ; Franková, Martina (referee)
The topic of this diploma thesis is legal regulation of special territorial protection of nature and landscape in the Czech republic. The diploma thesis focuses itself mainly on the legal regulation of large-scaled specially protected areas, however some room is given also to small-scaled specially protected areas and to Natura 2000 system. This diploma thesis is systematically divided into the introduction, three parts and the conclusion. The main part of this thesis is its second part. The fisrt part deals with the protection of the environment in general and its component protection (air protection, water protection, soil protection, forest protection and protection of nature and landscape), and also defines the most important terms in field of nature and landscape protection. The second part of this diploma thesis in its first chapter deals with the differentiation of the general nature and landscape protection from the special protection of nature and landscape, the division into territorial and species protection and the distinction of large-scaled and small-scaled specially protected areas. The second chapter of this section deals with specially protected areas in the Czech republic and also contains units dedicated to individual specially protected areas (national parks, protected landscape...
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Land Servitudes and Their Recording in the Land Register
Rybář, Robin ; Žákovská, Karolina (advisor) ; Franková, Martina (referee)
LAND SERVITUDES AND THEIR RECORDING IN THE LAND REGISTER - ABSTRACT The diploma thesis focuses on land servitudes, a type of property rights that bears the utmost importance. The essence of land servitudes is an obligation of an owner of land to ab- stain from doing something or to tolerate certain activities performed by an owner of other land. Land servitudes are an ancient legal institute dating as far back as the law of Ancient Rome. The essence of the institute has remained the same, but the legislation has undergone several changes over the centuries. Individual aspects of this legal institute are examined in the thesis, starting with the cre- ation of land servitudes, leading on to their content and ending with their extinction. The clas- sification of servitudes as rights in rem is taken into account and the legal consequences of this placements are deduced. Attention is primarily paid to the content and scope of servitudes, to individual means of acquiring a servitude and their creation, to legal relations arising from ser- vitudes, to the protection of servitudes and to the extinction of servitudes. A significant part of the thesis deals with particular types of land servitudes listed by the Civil Code. The subject of land servitudes is completed by the issue of recording land servitudes in the...
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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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Environmental policy instruments in the Czech Republic
Bavšenkov, Sabina ; Stejskal, Vojtěch (advisor) ; Franková, Martina (referee)
Environmental policy instruments in the Czech Republic This thesis deals with environmental policy instruments and related issues. In the introduction I analyze in general what the environment is and what role it plays in our life and its importance for life, then also by short historical excursion and also by the very definition of what is the environment and also the environmental policy itself. A large part is occupied by environmental policy actors that are an integral part of this area, as it would not be possible to carry out environmental policy without them. I divide them into state and non-state, among which the main difference is especially in volunteering. I describe their activities and examples of using individual tools in their performance. An important part is also an insight into the international area in the field of international environmental conferences as well as the European Union action plans. This section presents a brief overview of the development of international conferences on environment and sustainable development. Then, in the European Union, I am analyzing the last seventh action program in detail. Last but not least, it is also the State Environmental Policy of the Czech Republic as an important strategic document defining the further direction of the development of...
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