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The apartment ownership and apartment owner's association according to the present and newly proposed legislation
Džuganová, Jana ; Salač, Josef (advisor) ; Frinta, Ondřej (referee)
The thesis is concerned with the institute of the flat ownership and legal regulation of apartment owner's association. With respect to the extent of aforesaid theme the thesis describes only selected problems, for example the concept and the content of the flat ownership, the concept of the residential unit, the co-ownership of common parts of the residential building, the character of apartment owner's association, its legal personality, membership in apartment owner's association and its organizational structure. The thesis was prepared before the effectiveness of the Civil Code No. 89/2012. That is the reason why the thesis is focused on legislation effective before the effectiveness of the new Civil Code. The thesis is at the same time focused on the new Civil Code content. The objective of the thesis is among others to refer to defects of legal regulation of the flat ownership and apartment owner's association contained in the code No. 72/1994, the Flat Ownership Code. Afterwards the thesis describes how are the objective matters regulated by the new Civil Code. Another aim of the thesis is to find out how and in which way does the new legislation resolve the defects of the previous legislation.
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Owhership of flats
Přibil, Jan ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
Ownership of Flats Summary In his diploma thesis "Ownership of Flats", the author focuses on applicable law of flat ownership in the Czech Republic, especially the Flat Ownership Act 72/1994 Sb. The author puts the contemporary regulation in historical context; he describes the theoretical principles underlining the current applicable law and defines in detail the basic legal terms used by the Flat Ownership Act. Original and derivative forms of flat ownership acquisition are explained, namely a contract of construction, a contract of sale and a so-called declaration of the house owner. Forms of cessation of flat ownership are briefly described. The author provides an analysis of general owner's rights and specific owner's rights and duties regulated by the Flat Ownership Act. A significant part of the thesis is dedicated to the analysis of the legal framework regulating the legal entity of commonhold association, the residents' management corporation. Provisions of the Flat Ownership Act regulating the internal organisation of commonhold association are critically discussed in relation to the rights and duties of the respective flat owners. The author points out the shortcomings of the statutory regulation of the commonhold association's internal structure and describes practical problems caused by these...
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Historical development of the legal regulation of the residential ownership institution
Čejková, Šárka ; Salač, Josef (advisor) ; Pohl, Tomáš (referee)
14. Summary The aim of my thesis is to outline historical development of institute of ownership of apartments and his changes due to economical progress and political changes. In our country institute of ownership of apartments was put into practice by Act No. 52/1966 Collection of law. Although this law was very progressive compare the period and situation when it was adopted, it didn't reach quality of acts set up institute of ownership of apartments in western European countries. Modern institute of ownership of apartments with all appropriateness, which are matter of course everywhere in the Word, was initiated finally by Act No. 52/1966 Collection of law . Description of development of institute of ownership of apartments should help to understand better current legal regulation of ownership of apartments and disclose main drawbacks persisting from the past or deficiencies by legislator never solved. In first chapters my aim is to define conception of ownership and idea of apartment according to regularization and interpretation made by person with degree. Above all the interpretation of conception of apartment is quite difficult and in our legal order unsolved. In relation to development of legal regulation and expected reception of new civil code (in year 2012) we can expect considerable changes in...
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Rights and duties of a member of the association of owners of (residential) units
Šebesta, David ; Oehm, Jaroslav (advisor) ; Černá, Stanislava (referee)
Rights and duties of the member of Flat owners association The purpose of my thesis is to focus on applicable law in the Czech Republic, particularly the Flat Ownership Act 72/1994 Coll. and analyze the rights and duties of the members of Unit owners association. The reason for my research is that the flat ownership and housing is one of the most important sector which affects the general public. The thesis is composed of three chapters, each of them dealing with aspects of flat ownership. Chapter one informs about historical context of housing and tries to introduce the flat ownership in general. Thesis provides information about contemporary regulation and also about relevant provisions of new coming civil code which will be applicable by 1 January 2014. Next chapter is introductory to Flat owners association and defines basic terminology. It explains a legal framework regulating the legal entity of the association and regulation of common property management. Including the internal structure and describes some relevant issues in respect with Flat owners association. Last chapter is most significant part of the thesis. The main aim is to analyze the rights and duties of flat owners and especially the members of flat owners association. The thesis concentrates on problems resulting from this...
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Articles of apartment owners association
Levý, Jan ; Oehm, Jaroslav (advisor) ; Horáček, Tomáš (referee)
THESIS SUMMARY: ARTICLES OF APARTMENT OWNERS ASSOCIATION The thesis deals with the regulation of apartment owners associations in the Czech Republic, in particular, with the articles of association of such legal entity. The paper is divided into three parts. The first part focuses on the Czech statutory regulation (especially The Act on Ownership of Apartments No. 72/1994 of Collection of Laws, and The Government Order No. 371/2004 Coll.) of the apartment owners association in general. There has been provided a short survey of the historical evolution of the ownership of apartments in the world as well as in the Czech Republic and a short depiction of the approaches on apartment ownership models - Anglo-Saxon-French and German Models. Greater attention in the first part is given then to the legal entity of apartment owners association. It examines the foundation and dismissal of the association, its legal capacity (and limits given by law), the membership in such association, and its bodies - assembly, statutory body, and other optional bodies. The second part is devoted to the articles. It is always necessary to examine the articles in light of the current legislation, which greatly affects the content of the articles. In the beginning of the second part, short characteristics of the articles is given,...
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Transfers of ownership of flats
Moncmann, Lukáš ; Oehm, Jaroslav (advisor) ; Horáček, Tomáš (referee)
The purpose of this Master's degree (diploma) thesis is to do final review and classification of regulation of transfers of ownership of flats established by act No. 72/1994 Coll. (about ownership of flats) before it will be replaced by act No. 89/2012 Coll. (the new civil code), because now is the last chance to study it as valid and effective. Withal this thesis tries to analyse differences between them, describe changes and new conditions, and find out if the new legislation deals with all issues of this subject matter and possibly come up with a solution of blind spots. The method to achieve this is creating different systematics of describing and categorizing the old statue, and effort to recognize the same complexes in the new statue. Therefore the thesis is composed of four main chapters, each of them dealing with different aspects of transfers of flats. Chapter One is introducing topic of the thesis and topic's history and defines basic terminology used in the thesis, e.g.: flat, building, (residential) unit or common parts of residential building etc. The chapter two, as one of the two most important chapters, concentrates on principles and mechanism of default case of transfer of flat including compulsory elements of its contracts, leaving aside all possible exceptions. This is followed by the...
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Cooperative and non-cooperative ownership of a flat
Nováček, Vladimír ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
The aim of the thesis is to analyse a legal enviroment about the ownership of a flat in various forms. The goal is to provide the reader with advantages and disadvantages of each of that forms. The thesis is composed of five main chapters. First two chapters are devoted to a short summary of both the cooperative and non-cooperative form of ownership of a flat. After the evaluation of existing legislation in historical context, the following text is focused on fundamental and also application-often problematic legal institutes. View of the academic and judicial community is provided as well. Chapter three analyzes the procedure of transformation of a housing stock after the velvet revolution in 1989, when the economic and political situation has significantly changed and all legal relations has to adopt to new times. This chapter explains the legal way of transferring flats from cooperative to non-cooperative ownership and conditions to be fulfilled. Chapter four compares these forms of ownership on the background of major legal institutes and highligts or warns on the other hand about challenges arising in connection with the appropriate form of ownership. In the last main chapter, several amendments on new legislature are critically assessed, pros and cons are described and some thoughts are pointed out...
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Ownership of flats
Stehlík, Václav ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
Flat ownership The theme of this thesis is flat ownership. The author has chosen this theme because it is very current and from the legal point of view also very interesting issue, which affects the major part of the population of the Czech Republic. The main objective of this work is to analyze the Institute's flat ownership in terms of the Flat Ownership Act. Furthermore, to highlight some problematic points in the regulation of housing ownership, to comment and suggest possible solutions with regard to case law and opinions of authors specializing in issues of housing ownership. This work consists of eight chapters. The first chapter deals with basic theoretical concepts of flat property, important for understanding the specific nature of the Institute's flat property. Such basics also may serve as a guide for policymakers in the design of legislation on housing. Then continues the second chapter, which talks about the concept of law based on flat ownership, its applicability and relationship to the Civil Code and other regulations. The third chapter focuses on the definition of specific terms related to the issue of flat property, such as: building, section, house, unit, flat, flat under construction, floor area of a flat, common space in building and land. The following fourth chapter is...
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Owner occupied housing in the Czech Republic
Vašák, Michal ; Mates, Pavel (advisor) ; Toth, Petr (referee)
My diploma thesis deals with the issue of owner occupied housing in the Czech Republic. Attention is paid to the general importance of the provision of housing with emphasis on the social, economic and especially the legal aspects with respect to the rights that are granted by the Constitution and the Bill of Rights. It describes in brief the development of flat ownership since the 60's and the role of the state in the housing policy, particularly with the aim to bring attention to the existing legal regulation of this area -- the Flat Ownership Act. The main part of the thesis focuses on the legal regulation of flat ownership which draws on the dualistic concept of house co-ownership and the related ownership of a housing unit (apartment or non-residential area). Emphasis is put on the legal status of flat owners, the summary of rights and obligations that arise from ownership of a flat as a specific subject of property ownership. The ways in which flat ownership rights are formed are presented with regard to the consequences of the ownership rights being entered in the Land Registry. The creation, operation and the position of a Home Owners Association, a body corporate, which is established by law to manage dwelling houses, is presented particularly in relation to a specific flat owner. In this respect, as well as in other sections, the thesis follows the practice of the Constitutional Court and the Supreme Court that has considerable effect on the interpretation of law and the protection of rights and obligations pertaining to particular owners in exercising their property rights.
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