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Superficial Right of Construction in Czech and French Law
Srbová, Alena ; Dvořák, Jan (advisor) ; Stejskal, Vojtěch (referee) ; Petr, Bohuslav (referee)
PRÁVO STAVBY V ČESKÉM A FRANCOUZSKÉM PRÁVU, 2015 Abstract (English) Superficial Right of Construction in Czech and French Law The Superficial Right of Construction is one of the new institutions of civil law after the entry into force of the new Czech Civil Code on January 1st , 2014. But the institute is not quite unknown to Czech law, because it was a part of it until 1964. This fact enables to compare the current legislation with the previous provisions and to follow up the development of the explored institute's concept, both in terms of the shift of its nature from public to private, as well as of its content. It is also possible to identify the characteristics of "new" Czech Superficial Right of Construction which reflect not only the development of law in the last fifty years in general, but also of a similar institute in other (European) countries. One of such an institute is undoubtedly French bail à construction, existing since 1964 which seems appropriate for comparison with Czech Superficial Right of Construction mainly due to its continual development and a fairly frequent practice use in its home country. Apart from the relation of Superficial Right of Construction to the Roman principle superficies solo cedit, identification of the expression and legal nature of the institute, excursion into...
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Criminal liability in environmental protection
Pavelková, Tereza ; Stejskal, Vojtěch (advisor) ; Franková, Martina (referee)
The final thesis is focused on the criminal liability in protection of Environment, meaning on environmental protection using criminal law in the Czech republic. Introductory chapters are focused on explanation of the basic terms, principles, concepts and relations for better understanding of the issue of environmental protection in criminal law. In next chapters the thesis focuses on evolution of the legislation on three levels. First level focuses on international legislation, next level on legislation of the European Union and the third level is focused on national legislation. Closer attention is paid to analysis of the national legislation, specifically the current criminal code no. 40/2009. Follows the interpretation regarding individual crimes against Environment and analysis of the elements of the crime. In conclusion the thesis focuses on reflections, thoughts and possible changes of the legislation in the future.
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Legal Regulation of Large-area protected Areas of Nature
Teršlová, Petra ; Stejskal, Vojtěch (advisor) ; Humlíčková, Petra (referee)
Rigorosum Thesis deals with legal regulation of protected areas with emphasis on large-area protected areas legislation in the Czech Republic. The thesis consists of five chapters. Chapter one is introductory and provides general introduction to the law of nature conservation including the history of protected areas from the perspective of international, European and national law. Chapter two analyses legal regulation of protected areas by international law and explains the importance of the most significant international governmental and nongovernmental organizations as well as their role in conservation of protected areas. Chapter three deals with the law of protected areas in the European Union and analyses relevant case law of the Court of Justice. Chapter four explains and reviews the way in which the law promotes the conservation of protected areas in the Czech Republic. The analysis covers in detail legal regulation of large-area protected areas, i.e. national parks and protected countryside areas. The last chapter focuses on the comparison of the Czech and British large-area protected areas regulation. The aim of this thesis is to provide an outline and analysis of relevant international treaties and programmes promoting the conservation of protected areas; to describe, review the...
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Rights to use the land
Ševelová, Marie ; Franková, Martina (advisor) ; Stejskal, Vojtěch (referee)
The subject of this thesis is to complexly discuss the rights to use the land. The purpose of this thesis is particulary to analyse the valid legal regulation of the right to use the land after the Civil Code recodification, but for better ceherence we must also discuss the history and development of the rights to use the land that the actual legislation comes from. Pivotal part of the thesis presents the institute of lease the land and emphyteutic lease, while it is just emphyteutic lease, which plays significant role in presented issue. The thesis also informs about another land-use institutes such as commodatum, precarium and fructus a ususfructus of the land. Last part of the thesis is focused on the special legal regulation which is contained out of the Civil Code. The thesis discusses the managment of the state property and restrictions which are contained in several special acts such as Forestry Act or Act on the Protection of Nature and the Landscape.
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Legal regulation of the environmental impact assesment (EIA) in relation to European legislation
Linkeová, Sandra ; Humlíčková, Petra (referee) ; Stejskal, Vojtěch (referee)
The subject of this dissertation is the process of the Environmental Impact Assessment in relation to the respective European legislation. The dissertation aims at providing a comprehensive analysis of the current Environmental Impact Assessment legislation, including its historical, international and European contexts. The dissertation proceeds in five chapters. Chapter One outlines the general characteristics of the Environmental Impact Assessment procedure and the principles that govern it. Chapter Two examines the development of the Environmental Impact Assessment process in international law, with emphasis on the Aarhus Convention. Chapter Three focuses on the anchoring of the procedure in European law. The core part, then, is Chapter Four, which delineates the separate phases of the Environmental Impact Assessment process as defined in Czech legislation. In the last chapter, the expected changes in the concept of the Environmental Impact Assessment are sketched.
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Legal regulation of experimental animals handling
Kapoun, Jiří ; Stejskal, Vojtěch (advisor) ; Franková, Martina (referee)
Legal regulation of experimental animals handling This thesis deals with the legal regulation of experimental animals handling and their protection in international law, European union law and national law. Its goal is to complexly capture current legislation in this field, point out unsystematic or otherwise unsuitable institutes and propose means of their change. The core of the thesis is a description and an analysis of relevant parts of the Act on Animal Protection Against Cruelty, directives and regulations of the European Union and international treaties. Furthermore the thesis includes a treatise on the legal status of an animal, a brief introduction into ethical issues of animal experiments, historical evolution of relevant legal regulation and questions of administrative and criminal liability in the field of experimental animals handling.
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Legal regulation of compensation for damage caused by selected specially protected species of animals
Mašková, Tereza ; Stejskal, Vojtěch (advisor) ; Damohorský, Milan (referee)
This diploma thesis deals with the current legal regulation in the field of compensation for damage caused by selected, specially protected animals, which is in the Czech legal system regulated by Act No. 115/2000 Coll. It belongs to one of the means adopted in order to protect nature and environment and its objective is to reduce the conflict that has arisen between human activities and selected, specially protected animals, which are known to cause damage on the property of people. In accordance with the above mentioned legislation, amongst these so called conflicting species are included the Brown Bear, Northern Lynx, European Elk, River Otter, European Beaver, the Wolf and also Great Cormorant that, however, is no longer in the field of activity of this Act. Such an objective should be reached through the provision of financial compensation for the damage caused by these animals to some predefined objects owned by individual entities. The thesis is divided into three main chapters dealing mainly with the actual Act No. 115/2000 Coll. and some other related issues. The first chapter focuses on basic legal terms with relevance for the protection of animals. With a help of the relevant legislation, terms such as animal are introduced with emphasis on their legal status in the Czech legislative...
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Viniculture and wine production from the legal point of view
Hrbáčková, Jana ; Damohorský, Milan (advisor) ; Stejskal, Vojtěch (referee)
Resumé The aim of the thesis is to provide a comprehensive overview of the current legislation of viticulture and winemaking in the Czech Republic, its historical evolution and it tries to approach the changes that shall be introduced by upcoming amendment of Act. No. 321/2004 Coll., on viticulture and winemaking and on changes of related laws. The work is divided to five chapters which are for clarity and better understanding of the issue divided to subchapters. The first part deals with the historical development of legislation of viticulture and winemaking in the context of evolution of the society and historical events that affected the development of viticulture and winemaking activities. The second part deals with the position of viticulture and winemaking law in the legal system of the Czech Republic and its connections with other branches of law. The third part provides complex overview of current Czech legislation of individual institutes of viticulture and winemaking law in relation to the provisions of the European law. The fourth part includes the overview of domestic and foreign organizations which activities are connected with aforementioned areas of crop production. The fifth and the last part of the thesis is aimed at provision of overview of changes to the Act on viticulture and winemaking...
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Hunting and its legislation
Tůmová, Štěpánka ; Humlíčková, Petra (advisor) ; Stejskal, Vojtěch (referee)
The diploma thesis concerns the legal regulation of hunting in the Czech Republic. The subject of this thesis is to analyse and critically review of valid and effective legislation. The thesis is divided into 4 main chapters which are further sub-divided into the subchapters. The chapter 3 as a crucial part of the thesis deals with the Act No. 449/2001 Coll., on Hunting, as amended. The thesis is primarily focusing on wild game and its ownership, rights and duties of hunting guards, hunting management and importance of hunting management plan and issues relating to overpopulation of specific types of wild cloven-hoofed game which is connected with a liability for damage caused by game.
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Ownership right to land
Bitomská, Marie ; Franková, Martina (advisor) ; Stejskal, Vojtěch (referee)
This diploma thesis deals with ownership rights to land. Due to change in legislation caused by Act No. 89/2012 Sb., Civil Code, there were many substantial changes in the area of land ownership, which have extensive impact on some of the institutes of this ownership. This thesis deals exactly with these changes and with newly or more precisely repeatedly implemented institutes of land ownership. Whole thesis aims to give some analysis of this institute with main focus on its specifics and differences. This object is fulfilled by general interpretation, which deals with characteristics of land ownership and its specifics and then it analyses some particular institutes of land ownership mainly those which were considerably changed or newly established by the ratification of the present Civil Code. Next to comparison of present and previous Czech legislation the last chapter of this thesis is devoted to comparison of Czech and German legislation.
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