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Legal principle of superficies solo cedit and its significance in land law
Švarc, Ondřej ; Franková, Martina (advisor) ; Žákovská, Karolina (referee)
The topic of this thesis is the return of the legal principle of superficies solo cedit into the Czech legal order. The thesis aims at the comprehensive overview and the analysis of the issue of this principle based on its inclusion both in the historical and contemporary context. Another objective of this thesis is to look at the registration of the principle, including related institutes, into the public register - the cadastre of real estates. This thesis is divided into three parts. The first part of this thesis follows the development of the superficial principle across the history, including the comparison of its use in given legal orders. This section begins with a glance at Roman private law and its selected institutes which have been incorporated into modern Czech private law by the reception of Roman law. The room will be also given to the law of the Habsburg monarchy and the provisions of the ABGB, civil code that has been valid on our territory until the 1950. The last chapters of this part are devoted to land law in the socialist Czechoslovakia and, in particular, to the 1964 Civil Code. The following section is the core chapter of this thesis. It aims to offer a comprehensive view of the re-establishment of the superficial principle in the context of not only the 2012 Civil Code...
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The Functions of the Land Registry
Pešek, Martin ; Franková, Martina (advisor) ; Žákovská, Karolina (referee)
The Functions of the Land Registry Abstract This diploma thesis deals with functions of the Czech Land Registry. After an introductory part describing the basic features of the Land Registry, individual approaches to its functions are debated. The following is an explanation of the recording, information, protective and intabulation function, which discusses the essence of each function and lists the institutes of effective legislation that are associated with these functions. In addition, shortcomings in effective legislation or inconsistencies of interpretation are mentioned, and, in some cases, a possible solution is formulated. The recording function consists in recording a certain set of data. First of all, the subject of registration is introduced, ie individual real estates that are registered in the Land Registry. The content of the Registry consists of specified data regarding real estates and regarding persons. The information function is related to the designation of the Land Registry as a public list and to the regulation of formal publicity. All forms of data provision are also presented. If the recorded data are reliable, complete and corresponding to the actual state, then the protective function is also fulfilled. Its enshrinement in the Civil Code and the regulation of material publicity...
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Blockchain technology and its use
Hrbotický, Lukáš ; Sikora, Marek (referee) ; Zeman, Václav (advisor)
This diploma theses concerns the matter of blockchain technology and its practical use, especially for nonfinancial services. Theoretical part describes the blockchain technology from the technological and juridical point of view and examples of its practical use are also mentioned. In the practical part two laboratory exercises were designed for further familiarization of the blockchain technology, in which students try some real applications on their own.
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Legal principle of superficies solo cedit and its significance in land law
Humenná, Katarína ; Franková, Martina (advisor) ; Žákovská, Karolina (referee)
The topic of the diploma thesis is the legal principle superficies solo cedit and its return into the Czech law. The main aim of this thesis was to give a comprehensive view of this issue, especially how the return of the principle has changed land law relations. The first part of the thesis describe the division of the law to private law and public law. The first part is followed by the historical excursion which describes how the principle originated and how and whether it was part of the legal order in the past. The next chapters of the thesis are the main part of the work and describes the principle in todays law. Firstly the incorporation of the principle into the Civil Code is described and then individual paragraphs governing the principle follows. The definition of the basic terms as land, construction and temporary construction which are used by Civil Code but not described in it are the topic of next chapter. Next, relatively extensive chapter named line constructions describes exceptions to the principle. The basic definition of exceptions can be found in the Civil Code but more detailed regulation is contained in public acts, therefore private and public law is intertwined in this area. Easements to real estate, historical development of its legislation and today's legislation in this...
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Survey sketch for a change and division of estate boundaries in cadaster
Dohnalová, Šárka ; Vondrák, Jiří (referee) ; Matějík, Miroslav (advisor)
The bachelor thesis deals with the making of a geometric plan for land division and markings of buildings. The point of interest where the geometric plan was drawn up is located in the cadastral area of Brod nad Dyjí with an already valid digital cadastral map. The thesis is divided into two parts – a theoretical and a practical. The theoretical part contains a brief history of the cadastre, a description of the modern Land Registry and general information concerning the geometric plan. The practical part is focused mainly on the description of the actual procedure for making the geometric plan, along with illustrative examples from the geodetic Groma program, in which the entire process took place.
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Vývoj práv k nemovitému majetku ve zvolené lokalitě
NOVÁKOVÁ, Karolína
The Diploma thesis called "The development of rights to the immovable property in the selected area" is divided into the theoretical and the practical part. The focus of the theoretical part is a short literary research. The basic terms connected to the given topic are specified in the introduction of the theoretical part. Then there follows a description of the historical development of the Czech land registry from its beginnings to the present. There are also the main factors influencing the development of the rights to the immovable property in this thesis. The factors are primarily related to the political and socioeconomical sectors. At the beginning of the practical part there is a more detailed specification of the selected area where the analysis of the elementary characteristics is done. The main section of the practical part is focused on the analysis of relations of the property rights in the selected area. The analysis of the land tenure is done in three periods - the stable land registry, the land registry and the contemporary land registry. The periods are compared and evaluated. The end of the practical part is focused on the brief summary of the analysis and short reflection and discussion on this topic.
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Legal principle of superficies solo cedit and its significance in land law
Švarc, Ondřej ; Franková, Martina (advisor) ; Žákovská, Karolina (referee)
The topic of this thesis is the return of the legal principle of superficies solo cedit into the Czech legal order. The thesis aims at the comprehensive overview and the analysis of the issue of this principle based on its inclusion both in the historical and contemporary context. Another objective of this thesis is to look at the registration of the principle, including related institutes, into the public register - the cadastre of real estates. This thesis is divided into three parts. The first part of this thesis follows the development of the superficial principle across the history, including the comparison of its use in given legal orders. This section begins with a glance at Roman private law and its selected institutes which have been incorporated into modern Czech private law by the reception of Roman law. The room will be also given to the law of the Habsburg monarchy and the provisions of the ABGB, civil code that has been valid on our territory until the 1950. The last chapters of this part are devoted to land law in the socialist Czechoslovakia and, in particular, to the 1964 Civil Code. The following section is the core chapter of this thesis. It aims to offer a comprehensive view of the re-establishment of the superficial principle in the context of not only the 2012 Civil Code...
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Principle of formal publicity in the Cadastre of Real Estate and personal data protection
Tůma, David ; Franková, Martina (advisor) ; Žákovská, Karolina (referee)
The Cadastre of Real estate has relied on a principle of formal publicity for a long time since the Cadastre integrates functions of both land registry and land cadastre. According to some authors, unfettered access to information in the Cadastre is the only possible way to meet its purpose. Such idea is in a violation of a right to privacy and personal data protection that were accepted as fundamental human rights, therefore I am convinced that there exists a necessity to find an equity between the value of privacy and the principle of formal publicity. The diploma thesis deals with contemporary legislation of Cadastre's publicity as well as its prior regulation. Every single important amendment concerning publicity is followed by a comment where I try to criticize it objectively with regard to the personal data protection. The first part of the thesis consists of a description of what a cadastre is and what the word means, history of land registry and land cadastres in the context of predecessors of the Czech Republic and finally the Cadastre of Real estate of the Czech Republic. There is a short section categorizing the principle of formal publicity among other principles applied to the Cadastre at the end of the part as well. The second part explains in general the value of privacy along with...
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Legal regulation of sale of property-comparison of current civil code and the proposed new wording of Civil Code
Velas, Michal ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
This thesis analyzes the problem of real property selling in the legal sense under Act No. 89/2012 Coll. compared to Act No. 40/1964 Coll. and also contains their comparison. Firstly, the definition of real property and its transfer under Act 40/1964 Coll. is being examined. This paper deals particularly with new principle of superficies solo cedit and influence it has on real property selling, as well as with real property definition. Further issues covered are material publicity, note of disputability and requirement of written form upon transfer of real estate. At the end this thesis compares selected legal concepts and pros and cons brought by new legislation. title: Legal regulation of sale of property - comparison of current civil code and the proposed new wording of Civil Code keywords: real property, sale, legal concept of superficies solo cedit, material publicity, land registry
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Land registry and its role in private law relations
Kliment, Václav ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
The aim of the diploma thesis is to give readers an idea of cadastral legislation. The main attention is paid to the importance of Land registry for the area of private law. The thesis is logically structured and consists of three separate chapters, subdivided into parts and sections. The first chapter is composed of three parts and contains a historical guide throught the development of real estate records since the perriod of land registry books to the current form of cadastre of real estates. Emphasis is placed on the legal institution of Land registry books, which is the main source of inspiration for the treatment of so-called public directories contained in the new Civil Code. Author of the work include a historical chapter for better understanding of the current form of the cadastre and its main weaknesses. The second chapter is divided into five parts. The first two sections explains the basic concepts (eg, land, plot, building, dwelling unit and non-residential premises unit), and the principles on which the modification of cadastre costs (eg the principle of priority, the principle of formal and material publicity). Remaining three parts of the second chapter deal with the private aspects of the cadastral proceedings. Special emphasis is placed on the entry of legal relations, which is from the...
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