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Revision of Cadastre Documentation
Strojilová, Jarmila ; Vitulová, Naděžda (referee) ; Bureš, Jiří (advisor)
This thesis deals not only with the reason why the revision of cadastral data is carried out, but also with individual activities that result from the revision and from the solution of the identified inconsistencies. Revisions are announced according to Section 35 of Act No. 256/2013 Coll., on the land register (Cadastral Act), and according to Section 43 of Cadastral Decree No. 357/2013 Coll., on the land register. The main requirement is not only to ensure the currency of data of the land register, but also informing owners and other authorized persons of the legal obligation to report changes according to Section 37 of Act No. 256/2013 Coll. to the land register. The content of this thesis is a revision of the cadastral area of Valašské Klobouky.
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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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Acquisition of real estate from unlawful possessor comparison of Czech and German legal regulation
Vondrášek, Igor ; Franková, Martina (advisor) ; Stejskal, Vojtěch (referee)
v anglickém jazyce The topic of the thesis is the institute of acquisition of a real estate from a non-entitled person which breaks the traditional principle of Roman law nemo plus iuris ad alium transferre potest quam ipse habet (one cannot transfer to another more rights than they have). The thesis describes, analyses and evaluates particular conditions for acquisition of ownership rights and other rights in rem over a real estate from a non-entitled person, as set out in the Czech and German legal system. The possibility to acquire a real estate from a non-entitled person which is closely connected with the principle of material publicity (public faith) was relegislated as a part of the domestic recodification of private law. The socialist as well as the post-revolutionary law rejected the possibility of a bona fide acquisition of a real estate from a non-entitled person very strictly. However, the recent strengthening of the material publicity of public registers brought a number of ambiguities. Although we cannot foresee the future trends in decision- making practice of the domestic courts in relation to the acquisition of a real estate from a non- entitled person, the German legislation could outline possible solutions of some domestic interpretation problems. After all, the principle of...
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Principle of superficies solo cedit
Janíčková, Lucie ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
This diploma thesis deals with the principle of superficies solo cedit, whose roots go back to Roman law. The principle, which can be translated as "the surface gives way to the ground", expresses the rule according to which the land includes everything that arises on it, whether in a natural or artificial way. In the history of the Czech lands, the principle was applied under the General Civil Code from 1811 until the adoption of the Civil Code of 1950. On the contrary, this Code applied the opposite principle and thus introduced separate ownership of land and buildings. The principle returned to our legal system with the adoption of Act No. 89/2012 Coll., The Civil Code. The aim of this thesis is to present the principle in a historical context, to give an explanation of its current form and to specify the problems that arose with the adoption of the principle of superficies. The diploma thesis is divided into four main chapters. The introductory part deals with the historical development of the principle. First, it provides an interpretation of Roman law, in which some important sources of Roman law are discussed. Within the interpretation of the legal history of the Czech lands, attention is focused mainly on the General Civil Code of 1811, which was the first to introduce the application of the...
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Records in the Land Register
Bulíčková, Karolína ; Žákovská, Karolina (advisor) ; Franková, Martina (referee)
Records in the Land Register This diploma thesis deals with the institute of records in the Land Register, which, due to Act No. 89/2012 Coll., the Civil Code, underwent numerous changes that needed to be reflected in legal regulation of the Land Register. At the time of writing this thesis, it has already been 6 years since the recodification of the Civil Code and changes associated therewith. Thus, it is possible to evaluate the legal regulation of records in the Land Register in its whole complexity. The thesis is divided in five parts that analyse different aspects of this legal institute. The first part of the diploma thesis outlines the historical evolution of the evidence of real estate itself for better understanding of current legal regulation. The second part of the thesis is focused on current legal regulation of the Land Register, its essential principles of holding the Register and extracts from the Land Register providing information about the state of real estate. The third part deals with the subject of evidence, as not all real property is being registered in the Land Register. Regardless the general description, the contentious part of the issue based on legal regulation is being involved in the description of each real estate as well. The fourth part of the diploma thesis aims to...
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Land Servitudes and Their Recording in the Land Register
Rybář, Robin ; Žákovská, Karolina (advisor) ; Franková, Martina (referee)
LAND SERVITUDES AND THEIR RECORDING IN THE LAND REGISTER - ABSTRACT The diploma thesis focuses on land servitudes, a type of property rights that bears the utmost importance. The essence of land servitudes is an obligation of an owner of land to ab- stain from doing something or to tolerate certain activities performed by an owner of other land. Land servitudes are an ancient legal institute dating as far back as the law of Ancient Rome. The essence of the institute has remained the same, but the legislation has undergone several changes over the centuries. Individual aspects of this legal institute are examined in the thesis, starting with the cre- ation of land servitudes, leading on to their content and ending with their extinction. The clas- sification of servitudes as rights in rem is taken into account and the legal consequences of this placements are deduced. Attention is primarily paid to the content and scope of servitudes, to individual means of acquiring a servitude and their creation, to legal relations arising from ser- vitudes, to the protection of servitudes and to the extinction of servitudes. A significant part of the thesis deals with particular types of land servitudes listed by the Civil Code. The subject of land servitudes is completed by the issue of recording land servitudes in the...
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The history of land adjustment in our country during the 20th century
KÁNDLOVÁ, Monika
This Bachelor thesis concerns the history of land adjustment in our country during the 20th century. The aim of this thesis was to describe the development of land adjustment and property rights to them since 1918 in the form of a literature esearch. The first, longer part of the thesis deals with land adjustment from the beginning of Czechoslovakia to the present, with view to the future. It describes land reforms and land registers and property rights registers. The second, shorter part of the thesis concerns church, church property and treatment with it during the historical periods and also church restitution in the nineties. It solve the question of the possession of church property and also how the church has got its property.
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Superficies solo cedit
Doležal, Tomáš ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
Superficies solo cedit The topic of the presented diploma thesis is the principle of superficies viewed from its historic development and its place in current law. The principle stipulates that whatever is found on a land or has arisen from it, becomes parts of it. The superficies principle has been in employment since ancient Rome and has been reintroduced in our legal system after the recodification of private law in 2012 The thesis begins with the historical development of the superficies principle not only in Roman law, but also in the Czech lands, especially with its 1811 AD codification in AGBG. The historical development is followed by a brief description of the departure from the superficies principle following political and societal changes in post-war Czechoslovakia. The denial of the superfecie solo cedit principle survived until the recodification of private law in 2012 by act n. 89/2012 Sb, of civil code. The core part of the thesis analyzes the superficies principle in the Civil Code and related statutory instruments, especially those regulating the cadastre problematics, as this area is most impacted by the principle of superficies. Based on a theoretical explanation of the superficies principle, the thesis presents some practical impact of its application on the cadastre and its...
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