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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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A comparison of legal regulation of the cadastral in Czech republik and Russian federation
Rarogová, Kamila ; Jurčík, Radek (advisor) ; Vondráček, Jan (referee)
The aim of the thesis is to describe the real estate legislation in selected areas and to summarize the differences between the legal real estate in the Czech Republic and the Russian Federation. This theme was chosen in order to highlight the diversity of real estate legal institutions in both countries. A common feature of the legislation in both countries is that their skills are performed in a professional manner in accordance with applicable standards and regulations of the country. The thesis is divided into six chapters. The first chapter deals with the characteristics of real estate in the Czech Republic. The main resource of law in this field is the Law No. 344/1992 Coll. Cadastre. The second chapter deals with the characteristics of real estate in Russia. The third chapter discusses the changes which currently rules the Land of the Russian Federation passed. The old provisions of the Act are replaced by more modern and the law generally becomes easier. A special feature of the Russian legislation, the institute cadastral engineer, which is entirely devoted in the fourth chapter. The fifth chapter describes the specific differences in the area of real estate law in both countries, and the last sixth chapter deals with the future developments in this area of law in both countries
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Reconstruction of Janus pond in relation to updating of real estate register record
MIKEŠKOVÁ, Denisa
This bachelor?s thesis concerns the specific problems of Januš Pond, which arose during its reconstruction. The work traces the process of the water management-related legal proceedings and the issues resulting from it in the area of waterworks as such, local and purpose-specific roads, changes in the use of land and the issue of substantive rights. The bachelor?s thesis was elaborated in an effort to understand and propose a solution for these problems and the related entries into the land registry.
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The records of the material rights to the real estate register
PETRŽALA, Tomáš
The work containst history of real estate register. Status of land registries. Explanation of basic terms according to real estate register. Adjustment of material rights in civil code ? proprietary right and other material rights. Explanation of terms deposit, entry and note. Legal adjustment of decision-making about deposit permission and entry agenda. Ways of decision-making in land register ? proceeding interruption, proceeding stoppage, condition analysis for deposit permission, decission about deposit permission, decission about proposal denial. The target of this work was to bring a brief description of legal relations records to the real estate register and to clarify the variances between particular record forms. The target also was to bring statistics of Czech Republic vs. South Bohemia District, or rather land registry Třeboň related to South Bohemia District. I also give in my work results of my observation and investigation (research) of selected files (facts) focused on deposit activities at land registry Třeboň. After that I evaluate results of my research, including particular incorrect cases I found. There is an example coneccted to the work ? decission of land registry Třeboň. Choosing of particular incorrect cases, I wanted to implicate the most frequent mistakes, which should be avoided by contract drawing up. I hope, that the target of this work was, according to the task, fulfilled
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Methods of mapping in the past and present
ŠTÍCHOVÁ, Michaela
The aim of this thesis is to provide an overview of the making of each map series for civilian use in the Czech Republic since Klaudyán?s map to the present. The progressive improvement of the targeting, enriching and refining the content of maps, using geodetic and cartographic bases, all came with time and gradually and in this thesis it will be shown in the examples each of the maps. Therefore, the thesis gives a summary of maps, first historical maps manufactured by individuals (from Klaudyán?s map to Muller?s map), and historici maps only for cadastral purposes, and finally maps created from 1945 (SMH-5, THM, SMO-5, ZMVM, SM-5 and the present cadastral map). A separate chapter consists of an overview of projections used for the mentioned maps, which is the Cassini-Soldner?s, Gauss-Krüger?s and Křovák?s projection.
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Usage of cadastre of lands maps for land adjustment production.
DOLEŽALOVÁ, Zuzana
The intention of my thesis is to analyze the volume and the method of application ancient maps by land consolidation, especially land maps. Special attention was paid to document preparation and transformation of grids. The result is, that the ancient maps are used most by renewal of field paths, hydro engineering works, shape of parcels optimization and solution of property ratio.
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