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Recording legal relations and other data to lands in the real estate register
Vlčková, Zuzana ; Drobník, Jaroslav (advisor) ; Franková, Martina (referee)
THE ABSTRACT This thesis deals with the question of filing legal relations and other data to real estates with recording these legal relations and other data in the real estate register, included some problems which are in the real estate register incident and incurred while keeping the real estate register's state of filing in accordance with reality. To better realization of a generic context, especially for comprehension of the real estate register principles and recent state of filed data in the real estate register, there is also the historical evolution of registering the real estate in this thesis mentioned. It is difficult to understand some specific problems without knowledge of history because these problems result from former methods of registering the real estate and legal relations to them. Great attention is paid to keeping the state of filing in the real estate register in accordance with reality that is why the illustrations of some particular cases and examples are shown. This was led by effort to connect theoretical principles with their practical use, the major model situations were assumed from the experience of Klatovy Real Estate Register's employees. In the conclusion, an evaluation of the current state of filing in the real estate register is provided and there are some prospects...
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Expropriation of immovables
Šebestová, Renata ; Drobník, Jaroslav (advisor) ; Franková, Martina (referee)
Expropriation of Real Property The purpose of my thesis is to investigate expropriation as an institute of administrative law in general and the conditions of its application. The thesis concentrates on the property right limitation and on the legal regulation of compensation for the limitation. Besides historical evolution, present legal regulation is described with focus on the most important expropriation conditions - public interest, purpose and compensation for expropriation. Last part of the paper addresses the administrative procedure of deprivation and limitation of the property right. The legal bases of expropriation are established in the Charter of Fundamental Rights and Freedoms, which is part of constitutional system. Based on the Article 11 of this constitutional law the expropriation and mandatory limitation of property rights is permitted only in public interest, on the basis of law, and for compensation. These conditions of the Article 11 of the Charter of Fundamental Rights and Freedom are further specified in the Czech Civil Code. The general rule for expropriation is Act No. 184/2006 Coll. (Expropriation Act), enacting expropriation of the proprietorship title to land and buildings, including the compensation for expropriation and special administrative procedure. This...
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Global change in climate from a legal point of view
Rydlová, Miroslava ; Damohorský, Milan (advisor) ; Franková, Martina (referee)
Legal view on global climate change It is no exaggeration to say that climate change is one of the most critical issues of the present. It threatens not only the environment but also economic and social stability - global as well as local. Higher temperatures, rising sea levels, more frequent storms, floods, droughts and heat waves are already visible today. The basic principle of so called global warming consists in the fact that greenhouse gases release solar radiation to the ground, while they absorb and emit heat radiated by the Earth, consequently warming up both the lower layer of the atmosphere and the Earth's surface. The significance of the greenhouse gases production from human activities (esp. energy production, industry, transport and agriculture) is subject to ongoing dispute, because there is also the natural greenhouse effect that occurs naturally on Earth. However, current scientific knowledge has proven that human activity does have an impact on the Earth's climate. Given that greenhouse gasses are emitted regardless of the state lines and that the adverse effects of climate change are also global, it's obvious that international cooperation is necessity. In 1992 at the Earth Summit in Rio de Janeiro the United Nations Framework Convention on Climate Change (UNFCCC) was founded. The...
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Energy sector and the climate change - legal aspects
Chvalkovská, Jana ; Damohorský, Milan (advisor) ; Franková, Martina (referee)
Energy sector and the chmate change - legal aspects The topic of this diploma thesis is the relationship between the law of the climate change and the energy sector. The aim of this thesis is to describe and analyze this relationship with special focus on the differences in legal enactment of this relation in the law of the developed and developing countries. The developed countries are in this thesis represented by the Czech Republic and the European Union, respectively; the developing countries of the global South are represented by Peru and the Andean Community, respectively. The object of the analysis is the climate change law and energy sector in the international law, European law, in the law of the Andean Community, and in the Czech and Peruvian law. The research hipothesis of this work is that the developing countries, whose situation is described on the case of Peru, shall be positively motivated by developed countries to participate actively on the international climate change mitigation efforts. This positive motivation may have form of, for example, technology transfers, financial aid or investments to the projects that contribute to the reduction of greenhouse gas emissions in these countries. The results of the comparison of the enactment of the relation between climate change law and...
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The principles of European environmental law
Vácha, Jan ; Franková, Martina (advisor) ; Žákovská, Karolina (referee)
- Principles of European environmental law The main ambition of this thesis is to examine the principles of European environmental law. To this forminable challenge is first of all very useful to understand, which role the principles generally play in the system of law. That is why we have to focus on this phenomenon from the position of theory of law, when we try to put forward the definition of principles. We also draw the attention to the differences, which contradistinguish the principles from other rules of law and another matters, such as values and policies, to which they can be easily interchanged. We demonstrate the variety of functions which the principles perform in legal order as well as their subserviency during the course of decision making process. Henceforth we devide the principles into specific groups in compliance with their different characteristic features and so create the typology of principles. All these problems we try to solve in the first part of this thesis. In the second part of this work we target closely to the principles of European environmental law. We identify all the positions in primary law, where are the principles set in and we also learn , that the position of principles in the primary european law had to be laborously gained. We also discover the specific...
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Recording in the cadastre
Světlíková, Zuzana ; Drobník, Jaroslav (advisor) ; Franková, Martina (referee)
Zápisy do katastru nemovitostí Univerzita Karlova, Právnická fakulta, katedra Práva životního prostředí, 2010 Zuzana Světlíková 83 "Registrations of proprietaries into The Cadastre of real estate 's" resumé This thesis focuses on the registrations of proprietaries into the cadastre of real estates in The Czech Republic according to recent legal regulations. The text which due to the topic tends to descriptiveness, points out also some vagueness and dubiousness of objektive legislation as well as it's plausible solutions offered by the practice of the courts. In my opinion this topic is very topical and established at the same time. Also the private legal status of many subjects, especially but not exclusively the owners of the real estates, is affected by the matter of proprietary registration. The thesis consists of six chapters. Chapter one provides general view on the matter of the real estates cadastre, icluding the real estate evidence grand and short history discursion. In my humble opinion this discursion is advisable considering variety of real estate aquisition regulations during the last century. In chapter two the matter, subject and atribution of the real estates cadastre are described, the basic rules of cadastre management and administration are listed and basic as well as related laws and...
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The legal regime of national parks (the Šumava National park and the Bavarian Forest National park)
Pohanová, Petra ; Stejskal, Vojtěch (advisor) ; Franková, Martina (referee)
Závěry Národní parky jsou rozsáhlá území, která jsou jedinečná v národním nebo mezinárodním měřítku a jejichž značnou část zaujímají přirozené a lidskou činností málo ovlivněné ekosystémy, dosahující mimořádného vědeckého a výchovného významu. Historie národních parků pak sahá až do roku 1872, kdy americký kongres přijal zákon zřizující na území států Wyoming a Montana Yellowstonský národní park, první národní park na světě. Na evropském kontinentu se ochrana přírody a krajiny počala dostávat do podvědomí o mnoho let později, prvních devět NP zde bylo vyhlášeno před sto lety a stalo se tak ve Švédsku (1909). První impuls k založení NP Šumava a NP BL se datuje k roku 1911, kdy se objevily první snahy prosadit ochranu výjimečných území prostřednictvím jejich prohlášení za zvláště chráněná území. Na poli mezinárodním byla zavedena kategorizace zvláště chráněných území na mezinárodní konferenci o ochraně fauny a flóry v Londýně roku 1933, avšak náš zákon, který by obsahoval jednotlivé kategorie zvláště chráněných území, včetně definice národního parku, byl schválen až po druhé světové válce a jednalo se o zákon č. 40/1956 Sb., o státní ochraně přírody. V návaznosti na jeho vydání se Československo začalo soustředit na mezinárodní spolupráci v této oblasti právní úpravy, což dokládá také jeho členství v IUCN,...
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Environmental Impact Assessment
Hlavničková, Nina ; Sobotka, Michal (referee) ; Franková, Martina (advisor)
Resumé Environmental Impact Assessment The theme of this thesis is the process of Environmental impact assessment also known as the EIA process. This topic is very extensive therefore this thesis is not aimed to a comprehensive analysis of the topic. This thesis is focused only on the essential issues and specially selected topics and other related matters are mentioned only marginally. The author of this thesis deals with so-called "Project EIA" or EIA in the strict sense, the so-called strategic EIA or SEA is analyzed only if necessary to the context of the project EIA. The thesis is composed of four chapters, each of them dealing with different aspects of the theme. Introductory chapter of this thesis defines the basic terminology of EIA process. This chapter also discusses the role of EIA in the environmental law, briefly describes the historical development of the EIA process and the fundamental principles which govern the EIA process. In the second chapter the author deals with the sources of legislation of the EIA process at the level of International law, European Union law and the law of the Czech Republic. The third chapter of this thesis considers the author as a key chapter of this thesis. In this chapter the author attempts to describe the main discrepancies of the Czech legislation with the...
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