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Cancellation and settlement of co-ownership
Sychrová, Tereza ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
This thesis is focused on the theme of Cancellation and settlement of co-ownership. The main aim of this thesis is to analyze and valorize legislation of co-ownership in Czech legal order. One of the main aims is to provide a comparison of Czech and German legislation. This thesis is composed of seven chapters, which are divided into relevant sections and subsections. Chapter One is an introductory chapter which provides the basic starting points and underlines the main purpose of this thesis. Chapter Two describes the historical development of co-ownership and its termination. Encompassing changes from Roman law to present day legislation. Chapter Three contains a short introduction to the topic, the basis characteristic of co- ownership. This chapter deals with the topic of co-ownership shares, co-owner's position, management of common thing, the formation of co-ownership, and usage of common thing beyond the co-owner's share. In this chapter there is a description of mutual relationship between co-ownership and other related legal institutes. Chapter Four and chapter Five are the core of this thesis. Chapter Four deals with the topic of the termination of co-ownership (cancellation) and termination of co-owner's participation in co-ownership (separation). Chapter Five is based on the settlement...
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The legal institution of settlement of property
Schützová, Petra ; Hendrychová, Michaela (advisor) ; Salač, Josef (referee)
The legal institution of settlement of property The aim of my thesis is to analyze the legal institution of settlement of property and the impact of the new civil code and its principles. The legal institution of settlement of property forms an essential part of the legal order and as such is an institution which is very important in a day to day life. My research seeks to characterize several types of this institution, to describe the different aspects of each of them and to compare the code civil in force and the new one, i.e. the civil code no. 40/1964 and civil code no. 89/2012. The thesis is composed of 7 chapters, each of them exploring different institution of settlement of property. The first chapter, as an introductory chapter, presents the basic principles, evolution and the changes in different types of settlement of property. Second chapter deals with the settlement of the ownership including settlement of residential property. In the next chapter I examine the settlement of tenancy by entirety, the duties and rights that are related to this institute. The fourth chapter characterizes the unjust enrichment and its settlement particularly in the context with the co-ownership. The fifth chapter focuses on inheritance and the following chapter deals with the claims arising from association....
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Classification and characterization of real rights - comparison Czech republic, France
Milotová, Martina ; Elischer, David (advisor) ; Thöndel, Alexandr (referee)
The aim of this thesis is to compare legal regulations of real rights in Czech and French legal order. With respect to current situation, when starting the 1th january of 2014, the new civil code becomes effective, this thesis deals as well with the novelties in real rights' regulation established by the law nř89/2013 of Collection of Laws, civil code. This thesis consists of seven chapters. In the first chapter, I mention the aim of the thesis, its brief content and elaboration process. In the second to sixth chapter, the thesis deals in concrete with the real rights and its institutes. In each of these chapters, the Czech legal regulation according to the current civil code is mentioned first. Then, a discourse about French regulation follows. If both regulations are same, similar or slightly or absolutely different. Finally, a comparison with the new civil code is attached to practically all chapters. If it holds the current regulation or if it establishes new notions, institutes or conception or regime of the current institutes. And provided it brings novelties if it tends by them towards the French regulation or if it choses absolutely new solutions. The second chapter deals with real rights in general terms. With their conception and systematics. The thesis deals with the question how the...
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The legal institution of settlement
Hávová, Lucie ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Thesis abstrakt Legal institute of settlement The aim of the thesis is to characterize the legal institute of settlement from a general viewpoint, as well as to describe the most common situations where the institute of settlement is applied according to Civil Code. The thesis is composed of five chapters. The chapter One is introductory and characterizes the settlement as a process, in which the existing relations between subjects are liquidated while new ones are formed concurrently. The following chapter is divided into four subchapters relating to the settlement of common property. The first of them explains what the co-ownership means in Civil law. Then the both ways of termination and settlement of common property are described, i.e. the termination of a settlement of common property by an agreement of co-owners and by a decision of court. The last subchapter is devoted to legal regulations of co-ownership in new Civil Code which is expected to be passed. The chapter Three is focused on the settlement of community property. The property relations between spouses are mostly necessarily settled when the marriage has terminated by death or by dissolution of marriage. In two specific cases the community property terminates and must be settled, although the marriage still exists. It occurs in case of...
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The legal institution of settlement
Schützová, Petra ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
The legal institution of settlement of property Summary The purpose of my thesis is to analyse the legal institution of settlement of property, an institution which constitutes an important part of legal order, and to point out the problems, difficulties and questions frequently arising out of practice, out of regular encounters with different branches of law, where we can find the institute of settlement. The reason for my research is to characterise several types of settlements of property, make a brief description of each of them, to point out their distinctive features and to examine the interplay of legal institution as described in law with it's real, day to day application influenced by day to day life. The thesis is composed of four chapters, each of them dealing with different aspects of legal institution of settlement of property. Chapter One is introductory and defines basic principles of settlement of property, it's history, the changes and the evolution of this institute. Chapter Two is subdivided into five parts, each of them dealing with one type of settlement of property, including settlement of residential property, and introducing their basic principles and rules. Chapter Three, consisting of five parts, examines the types of settlement of property more profoundly, dealing with relevant...
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Actual division of office building in Brno
Soukupová, Ivona ; Bradáč, Albert (referee) ; Šmahel, Milan (advisor)
The aim of this master thesis is assessing the possibility of a real division of the office building in Brno as a solution of the settlement of ownership of property among the co-owners. Firstly, in the theoretical part of the study, important terms which are related to the topic are summarised, and also possibilities of settlement of co-ownership, assumptions of the real estate division and approach of valuation are handled. Secondly, in the practical part of the thesis, the description of the office building and assessment of possibility of real division in all aspects are provided. Moreover, the valuation of the office building before the division is discussed, as well as quantification of the height of costs for real division and valuation of newly established immovable properties after the division based on proprietary proportions. The study is finished with the suggestion of settlement according to the amount of proprietary proportions.
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A Fair Division of Property in Settlement of Co-ownership - an Appartment House
Švancarová, Jana ; Pohl,, Petr (referee) ; Šmahel, Milan (advisor)
The thesis deals with the Equitable division of real estate property - estates with a residential object, the objective of the thesis is to assess the possibility of equitable division of property - estates with a residential building as a solution of the settlement of ownership of property among the co-owners. A part of the thesis is a proposal for solving an equitable division of a residential building. The thesis consists of two parts: the first part summarizes theoretical background of equitable division of property - estate with a residential building. The second, practical part deals with the proposal for equitable division of property, estates and a residential building, including a proposal for necessary construction alterations and assessment of estate prices and construction of residential building before and after the division, a part of the thesis is also the design of ownership and financial settlement of property between co-owners with regard to size of their shares.
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The Propriatary and it´s exercise in practice
MATOUŠKOVÁ, Jana
How the theme of this diploma project says, this work deals with present law regulation concerned to property rights, its content, its preservation and restriction, ways of its acquirement, co-ownership and expropriation, regulation of neighbourhood law, negotiation of realty ownerships and record of this ownerships to real estate register.
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