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Light pollution regulation alternatives
Dobrianská, Kristýna ; Žákovská, Karolina (advisor) ; Franková, Martina (referee)
Light pollution regulation alternatives Abstract This diploma thesis deals with the subject of light pollution, the harmful effects of artificial (anthropogenic) light on natural nocturnal environment. The issue was first brought up some decades ago by astronomers whose night sky observations started to be obstructed by sky glow - one of the three types of light pollution. But there are far more reasons to re-evaluate the way and intensity with which we illuminate our surroundings. The natural day/night cycle and the way it changes throughout the year regulates the timing of biological processes of almost all life on Earth. Its disruption affects the orientation, reproduction and development of most animal and plant species. Humans are no exception - night-time artificial light exposure can lead to sleep disorders, depression, cardiovascular diseases and even increases the prevalence of some types of cancer. The first chapter of this thesis focuses on the complexity of the issue that is light pollution. The rest of it deals with the possible ways of regulating it. Chapter two presents a summary of supranational efforts to minimize light pollution from all relevant fields, including the steps taken by the European Union so far. The third chapter compares the legal approaches of individual countries to the...
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Limitations of the rights of the property owner for the purpose of nature and landscape conservation
Hrabánková, Monika ; Franková, Martina (advisor) ; Žákovská, Karolina (referee)
Limitations of the rights of the property owner for the purpose of nature and landscape conservation This degree work is focused on the limitation of rights of the property owner, which correspond to conservation of the environment, specifically nature and landscape conservation. In this degree work, one of the most fundamental themes considered is the method of maintaining balance nature and landscape conservation and conservation of property law in Czech law. Finding a way to maintain balance between these two interests is one of the important steps for long-term successful nature conservation. This part of the degree work is focused on the general regulation of limitation of property law, conditions for its limitation, distinction between internal and external limitations of property law and the related comparison of general and public interests. This analysis is supplemented by defining terms which are important for this subject area (for example the environment, property law, real estate). Another fundamental theme of this degree work is the analysis of concrete limitations affecting the property owner, which result from Act No. 114/1992 Coll. concerning nature and landscape conservation. This degree work contains a cross-sectional selection of individual limitations of property law, which are...
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Expropriation of rights to land
Meitner, Luděk ; Žákovská, Karolina (advisor) ; Franková, Martina (referee)
Expropriation of rights to land Abstract This diploma thesis deals with the legal institute of expropriation. As defined in the Act No. 184/2006 Sb., Expropriation Act, expropriation is forced withdrawal or restriction of ownership to land (or structure) and of right corresponding to servitude to that land (or structure) and subsequent transfer of ownership or acquirement of right corresponding to servitude by someone else. Therefore, at the beginning I am introducing land (including all its components, particularly structures, and closely related terms - ground and plot), which is the most common object of expropriation. Essential part of this thesis however presents each requirement for lawful expropriation, expropriation proceedings and related judicial review of expropriation decision in order to assess statutory regulation of this complex topic on the basis of suitability, conformity with the constitutional order of the Czech Republic and case law of the European Court of Human Rights and the ability to fulfil its purpose - timely execution of projects that are beneficial to the public good (while also keeping essential rights of the expropriated unaffected by such execution). If necessary, I am also proposing possible changes to statutory regulation. Expropriation however is not covered only by one...
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The principle of maintaining the Cadastre of Real Estate in accordance with the actual status
Pastieriková, Laura ; Franková, Martina (advisor) ; Žákovská, Karolina (referee)
The principle of maintaining the Cadastre of Real Estate in accordance with the actual status. Abstract This thesis, under the title The principle of maintaining the Cadastre of Real Estate in accordance with the actual status, deals with the influence of one of the fundamental rules of administration of the public register of real estate on the protection of its desired state. The sub- questions that are particularly addressed in the thesis are the reasons for the existence of situations in which this state is not fully achieved and the means available to remedy it. Based on the answers to these questions, the aim of the thesis is to evaluate the effectiveness of the instruments in which the requirement to apply the principle of keeping the cadastre in accordance with reality is manifested. In accordance with the above-mentioned structure of the issues, the thesis is divided into the corresponding chapters. The introductory chapter serves to define the essence of the cadastre as a public register, list the individual objects of registration and describe their main characteristics, and finally summarize the basic purpose of the establishment of the cadastre. The second chapter deals both with the principle of keeping the cadastre in accordance with the actual state and with other principles, the observance...
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Right to a healthy environment in the case-law of the European Court of Human Rights
Zukalová, Gabriela ; Franková, Martina (advisor) ; Derlich, Stanislav (referee)
Right to a healthy environment in the case-law of the European Court of Human Rights Abstract The thesis deals with the right to a healthy environment as protected by the European Court of Human Rights. The thesis aims to provide a comprehensive overview of the ECtHR case-law on the right to a healthy environment, to identify the main characteristics of this right and the ways the ECtHR uses to protect it and to assess the strengths and weaknesses of the ECtHR approach. The second objective is to place the ECtHR case-law in the context of international law and other regional instruments and to identify how they influence the ECtHR's decision-making. On the basis of this information, the thesis asks a broader question of whether the ECtHR can effectively contribute to the protection of the right to a healthy environment in the 21st century, particularly in the context of climate change, or whether an explicit enshrinement of the right to a healthy environment in the Convention is potentially appropriate. The thesis first examines theoretical aspects of the right to a healthy environment and its position in international law and other regional human rights systems. Subsequently, the thesis provides an introduction to the ECHR system and introduces the basic institutes related to the individual complaint...
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Records in the Land Register
Zemanová, Renáta ; Franková, Martina (advisor) ; Drobník, Jaroslav (referee)
This thesis is focused on the records in the land register. This topic still has its relevance in the contemporary world and can appear in any person's life. That was one of the factors why the author had chosen this area for analysis. The other was her overall interest in property law and registration. The thesis is divided into two parts. The first is focused on the land register by itself and its role as an important source of information. In the beginning of the first part some typical concepts related to the land register are introduced. The next section is dedicated to the brief history of the property registration which is considered to be useful for the better understanding of the contemporary legal regulations. Those are discussed in the next chapter together with the position of the land register by itself, its purposes, content and structure. The special attention is paid to the objects in question - concretely the properties registered by this institution. The second part of this thesis, the most extensive, focuses on the particular acts of recording into the land register - registration, record, note and respective proceedings. In the first part of the second section, the rights which are objects of the records are mentioned. The most commonly used is the right in property, which is...
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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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Maintaining the Land Register in compliance with the actual situation
Chvosta, Pavel ; Franková, Martina (advisor) ; Žákovská, Karolina (referee)
The Land Registry is one of the largest information systems with extraordinary requirements on the accuracy and reliability of the data in it. The seeking and repairing the incorrect data in Land Registry is the up-to-date charge aimed to improve the status of the land registry data and in this way strengthen the sureness and confidence of the owners related to the Land Registry. In my work is described the process how to solve erroneous data in the Land Registry. This effort has the aim to keep the Land Registry in conformity to all laws, documents and other data, which were put to the Land Registry to keep it up-to-date. The situation in terrain, in reality is obliged to be in perfect correspondence with the one registrated in Land Register, too.
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Recordings in the Land Register (Cadastre)
Čoček, Miroslav ; Franková, Martina (advisor) ; Drobník, Jaroslav (referee)
Record into cadastre The purpose of my thesis is to analyze czech legislation regarding czech cadastre, to research, if there are some problematic subjects and to present some of my own suggestions de lege ferenda. The reason, why I chose this subject, is that all people have to deal with record into cadastre at least once in their lifes, so I thought it would be usefull to present something like a manual for everybody, in which I analyze what forms of record are available, how do they work, what are the problems etc. The thesis is composed of three main chapters, which are subdivided into parts. Chapter One is introductory and defines the basic elements of czech cadastre. It is subdivided into five parts. First part focuses on history of czech cadastre from the first real estate registry attempts in bohemian and moravian lands until todays cadastre. This part helps us to understand, where are the main reasons of todays problems regarding cadastre. Second part describes basic elements of czech cadastre, its functions and acts that govern the whole subject. Third part is about the subject of czech cadastre, that means it names which realties are recorded in cadastre and what information about these is registered. Fourth part concerns about the content of cadastre, which is divided into sections of geodetic,...
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