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Principle of superficies solo cedit and its importance in land law
Štěpánková, Jana ; Franková, Martina (advisor) ; Žákovská, Karolina (referee)
The aim of the thesis is to describe the concept of the superficial principle in the valid legal regulation and its influence on land law relations. As a result of the reintroduction of the superficial principle into the legal order of the Czech Republic by Act No. 89/2012 Coll., The Civil Code, all that is associated with the earth's surface becomes part of the given land. The thesis is divided into five structured chapters. The first chapter is devoted to land law as an interdisciplinary law system. The aim of second chapter is to explain the key importance of the superficial principle within the context of land law. The third chapter deals with the historical background of the development of legal relations to immovables in the territory of the Czech lands, also including the introduction of the Roman settlement as the basis of the superficial principle. The next part of the thesis contains the interpretation of the most important legal institutes related to the superficial principle in the context of the valid law. The chapter further describes exceptions to the principle. The fifth part of the thesis is focused on the analysis of selected land law relations influenced by the superficial principle.
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The State Land Office
Pernicová, Martina ; Franková, Martina (advisor) ; Žákovská, Karolina (referee)
As a subject of this thesis I have chosen the newly formed State Land Office. The aim of this work is to give a complex analysis of its formation, organization, working and activity conferred by law with an emphasis on takeover of activities from the Land Fund of Czech Republic and also transformation of activity and function of State Land Office in response to the new act no. 185/2016 Coll. which amends act no. 503/2012 Coll., concerning State land office and also Land act no. 229/1991 Coll. The main body of this thesis represents a description of: contractual transfers of the agricultural land which is part of the agricultural land fund, and transfers of the other land; restitution of property confiscated by the state to natural persons and churches and religious societies in the decisive period from February 25, 1948, to January 1, 1990; evaluation of differences in the settlement of restitution claims of natural persons and churches with the state; privatization of the state property; elementary and complex land consolidation; The thesis is divided into seven chapters. At first, I focus on the explanation of basic terminology and institutes to give the reader their meaning in the Czech legal doctrine. In the second chapter, I describe the transformation of the Land Fund of the Czech...
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Legal Framework of Conditions for Game Hunting
Pečinka, Jan ; Stejskal, Vojtěch (advisor) ; Franková, Martina (referee)
The main goal of this rigorous thesis is to analyse the legal framework for game hunting in the Czech Republic and its historical development in order to suggest some possible improvements of its shortcomings. The main focus is concentrated on the legal framework for gamekeeping and fishing. This rigorous thesis does compare also the local Czech legislation with the international law and with the legal framework in the European Union. A special attention is paid to the comparison of the Czech legislation for game hunting with its Slovakian equivalent.
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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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Public participation in decisions making related to the environment protection
Němeček, David ; Franková, Martina (advisor) ; Derlich, Stanislav (referee)
5 Public participation on the decision-making procedure regarding the environment protection is a very important aspect within the building-permitting process. In this thesis, I focus particularly on the public participation in the form of associations through the entire permitting procedure of the structures. The desired goal of this thesis is to analyse the current Czech legislation including with a preview to the international legislation regarding the two fundamental rights: right to information and right to participation. I analyse the actual state of the association participation within the procedure using the relevant case-law. Above all, I aim to the comparison of the current need of such extensive rights to participation against the preservation of the interest of the environment protection and public monitoring function which is definitely important within any procedure. Finally, I am reaching the opinion that the structure-permitting procedure is unnecessarily complicated which can't be a benefit for the public nor the investors. In my opinion, the entire procedure should greatly simplify and the cooperation between the public and the investors should be carried out in a different manner.
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Legislation protecting undeveloped land
Pleskačová, Tereza ; Franková, Martina (advisor) ; Derlich, Stanislav (referee)
This thesis deals with the matter of regulation concerning undeveloped landscape protection. The focus here is an analysis of the legal regulation and instruments governing serving to protection of land in terms of its quantity and quality both from the perspective of environmental law and in terms of town and country planning. Land as a key resource is not unlimited and its unreasonable and irresponsible exploitation might have serious impact to the future generations. In this thesis, which is divided into three chapters I focus on various aspects of legal protection of undeveloped landscape from the perspective of different laws governing the matter. The first chapter contains definitions of key terms used for the purpose of the thesis. The second chapter focuses on different instruments of undeveloped landscape protection, which are town and country planning, general protection of nature, special protection areas and protection of soil, especially on farmlands and forests. The third chapter analyzes the conflict of the right of ownership and the Constitutionally guaranteed right to a hospitable environment. Special attention is given to expropriation for the purpose of nature protection.
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Compensation for removal and restriction of the ownership right to land
Šafránek, Petr ; Franková, Martina (advisor) ; Žákovská, Karolina (referee)
The aim of this diploma thesis is to give a comprehensive view of the legal regulation of compensation for withdrawal and limitation of the ownership right to land. This thesis is divided into eight chapters, where the introductory part is followed by six chapters and the conclusion. The first chapter briefly explains the basic institutes with an emphasis on the uniqueness of the land. The second chapter discusses the conditions of expropriation. The third chapter focuses on compensation for land expropriation. The fourth chapter deals with the limitation of the ownership right to land. The fifth chapter analyzes compensation for the limitation of the ownership right to land. The sixth chapter describes selected Acts of environmental law in the perspective of fourth and fifth chapter. In conclusion, this diploma thesis summarizes the main findings. As regards compensation for expropriation, the legislation is not stable and allows unjustified differences between landowners. As for the limitation of the ownership right to land, the situation regarding the provision of compensation is not always clear and there are some gaps in the legislation. However, these can be overcome by case-law.
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The principal of material publicity in land law
Vondrášek, Igor ; Derlich, Stanislav (advisor) ; Franková, Martina (referee)
The diploma thesis deals with the principle of material publicity in the context of land law. This principle was reintroduced into the domestic legal system as a part of the recodification of private law. The principle of material publicity (the protection of public good faith) has restored a faith in records in public registers, thereby providing protection to an acquirer in good faith who may acquire a property from a non-entitled person under certain legal conditions. With the adoption of the Civil Code, a case-law dispute between the Constitutional Court and the Supreme Court was settled and the principle nemo plus iuris ad ali transferre potest quam ipse habet, which the previous regulation consisted in, was broken. However, the legal effects of material publicity do not work indefinitely, but under certain conditions. A significant part of the thesis is devoted to the explanatory problems associated with them. The crucial condition may be to designate a good faith on the part of the acquirer, which must be assessed in the light of all the circumstances of the case, i.e. objectively. The thesis also includes an analysis of the relevant judicial decisions of the Supreme Court of the Czechoslovak Republic concerning cases in which the good faith of the acquirer was excluded. Due to the absence...
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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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Legal regulation of consumer electricity production from renewable resources
Brada, Lukáš ; Damohorský, Milan (advisor) ; Franková, Martina (referee)
Legal Regulation of Consumer Electricity Production from Renewable Resources In the thesis I analyse Czech and EU legal regulation of consumer's electricity generation from renewable energy sources. If consumers generate their own electricity from onsite renewable energy systems, they consume less electricity from the grid. Consumers are their own electricity suppliers and reduce their energy bills. Decentralised renewable energy generation can usefully complement centralised generation sources. The main focus of this thesis is to analyse Czech regulation in the area of decentralised elektricity generation from renewable energy sources. Czech republic should take further appropriate measures in order to allow a higher penetration of electricity from decentralised renewable energy sources. The move towards decentralised energy production has many benefits, mainly the benefit of reduce greenhouse gas emissions.
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