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Usucaption in the Context of the Civil Law Recodification
Horký, Jakub ; Salač, Josef (advisor) ; Frinta, Ondřej (referee)
Usucaption in the Context of the Civil Law Recodification This master thesis analyzes the concept of usucaption in the context of the recodification of civil law. Its aim is to describe this institute both in its historical context and in the current legislation. It also aims to compare these codifications with each other and try to resolve some of unclear points of interpretation. Usucaption is a legal concept pursuing harmonization of possession as a de facto state with ownership as a legal status, after a specified period of time expires. It is a traditional civil law concept, however it is still relevant today. The master thesis analyzes significant changes in relation to the concept of usucaption, which were introduced by the Czech Civil Code No. 89/2012 Coll. The thesis begins with an introduction, then it proceeds with four main chapters, which are further subdivided into subchapters, and it ends with a conclusion. In the first chapter, I lay out general definitions which are fundamental to the following analysis, namely, I provide a definition of possession, detention and usucaption itself. The second chapter introduces the historical background, starting with a brief description of the concept of usucaption in Roman law, continuing with the codification of usucaption provided by ABGB and...
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Servitudes
MAREŠOVÁ, Miroslava
Submitted bachelor thesis deals with easements, especially with servitudes. This is a right in rem to things someone else's and this is one of the forms of restriction of property rights. The very word easement tells us that the matter should serve someone other than the owner of a thing. This limitation is mostly used for lands and buildings. This thesis contains the legislation of the New Civil Code, which is valid from 1st January 2014. The New Civil Code returns to the previous legislation of servitudes. Its history goes back to the Roman law. The Code of XII boards contained first mention associated with adjustment path. The next chapter is focused on analyzing the real estate agencies in České Budějovice. The aim of the bachelor thesis is to determine whether real estate agents use the legal institute of servitude and whether it is convenient for them or not.
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Analysis of the Development of the Valuation Method for Holiday Houses near Buchlovice
Hladká, Alena ; Jandásková, Tereza (referee) ; Hlavinková, Vítězslava (advisor)
The work deals with the valuation of a holiday cottage according to the previous valuation regulations and subsequently according to the present valuation regulation. In the chapters deal with individual valuation periods, description of a specific holiday cottage, valuation of the land, description of the locality. Easements are also part of the work. Valuation of a holiday cottage is done through practice expert’s reports drawn up for the second, third and present valuation periods. In the annex are available documents related to legal and construction developments of holiday cottage.
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The easements from the perspective of Financial law
Gříbková, Petra ; Marková, Hana (advisor) ; Boháč, Radim (referee)
The thesis aims to map, from the perspective of the Financial law with overflow to Civil and Administrative law issues of the easements, in favour of the public infrastructure of network operators. Its content is an analysis of this legal institute from its historical development, definition, classification of the existing financially legal consequences, through financial analysis of practical examples of easements with the impact of the legal practice of financially both public and private spheres, for predicting the development of this issue for the effectiveness of the new civil code. Institute of easement is analysed mainly with an emphasis on the specificities of the public elements with a direct effect to the management of local government units, or the state itself, with efforts to find an effective balance of losses and benefits associated.
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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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Compensation for the establishment of easements - a polemic with selected procedures
Hanák, Jakub ; Sedláček, Jan
The issue of compensation for the establishment of the rights of easement is repeatedly the subject of professional discussion. In this paper we respond to some opinions, which have recently been presented in professional journals. We consider it necessary to bring additional insight and arguments, at least in terms of determining the annual benefit and determine the nature of the land on which the right to be equivalent to an easement established. Attention is also paid to other related problems (such as overuse of awards fixed amount of expert practice). Due to the professional focus is the contribution of the authors expressed particular case easement location and operation of building technical infrastructure.
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Aspects of easements valuation caused by energy supply lines
Hába, Jaroslav
The line of technical infrastructure network (underground utilities) transforms the relevant part of the site of undeveloped land into the building and construction site because this part was defined and determined as the building location by zoning decision or regulatory plan. Location of utilities at property or land is a factual and legal defect, which devaluates the land in question fundamentally and quite possibly forever. There can be no longer erected any other building, planted a forest, established pond or made other arrangements regarding ecological stability of the territory at such part of the land. The part of the land comprising underground utilities protection zone by law becomes completely worthless for the owner. Furthermore, he has to tolerate the existence of the easement of a foreign construction. Fair and reasonable compensation belongs to the owner of the land for such an easement. Determination of the amount of compensation should be based on profit of the easement beneficiary.
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Assessment of Market Value of the Easement on the Route of the Sewage Pipelines
Konečná, Jana ; Hlavinková, Vítězslava (referee) ; Hrubanová, Michaela (advisor)
This dissertation deals wtih a problematice of easements of real estates in Czech Republic.The main goal of the dissertation is to estimate the value of considered easement and value of the family house burdened with the easements, consider and give reasons for possible devaluation of the real estate by making the easements. In the theoretical part are defined the terms connected with the real estate business, methods of valuation of the real estates and terms from land registry. Legislation of easements, methods and proceduresof valuation of easementsand valuationof real estates with easements follows. Practical part is about valuation of easements. Municipakl authority in Vyškov reallized construction of sewers in local parts Lhota and Rychtářov. The sewers goes through lands thats why the easements are established for the land owners. The easements are provided with conrtracts. The final part of the dissertation includes the summary and comparison of easements in 2011 and 2014, example of valuation of family house in local part Rychtářov and valuation of the influence of easement on the real estate.
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A comparison of normal value of the easement to the prices according to the internal regulations of municipalities
Hladká, Helena ; Cupal, Martin (referee) ; Sedláček, Jan (advisor)
The subject of this thesis is the value of the easement at the usual price and the price determined in accordance with the internal regulations of municipalities. The theoretical part is focused on general analysis of the easements, their legislation and the most important changes in the legislation, the difference between servitudes and real loads, the cause of its constitution, modification and terminativ. It also describes the methodology of valuation of easements, the distinction between price and value of their species, determining the annual benefit or detriment of the easement and the definition of the methods used for the valuation of easements. In the practical part of these findings are applied to specific value encumbrances arising in connection with the engineering lines.
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