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Usufructuary right of building and other ways of erecting house on the land of another
Buchar, Jan ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Usufructuary right of building and other ways of erecting house on the land of another The purpose of this thesis is to analyse comprehensively the institute of usufructuary right of building and other ways of erecting house on the land of another. Other legal institutes that can be used to set up home on a foreign land are easements, lease, usufructuary lease, precarious loan and loan for use. The Civil Code, after more than sixty years, is returning to the superficial principle, with which is the usufructuary right of building inherently connected and which represents an exception from that principle. Thesis is divided into four parts. The largest is the first part, which deals with the usufructuary right of building. The second part is devoted to other institutes, which enable the establishment of a house on a foreign land. The third part is the comparison of the usufructuary right of building with other institutes. The fourth part focuses on the usufructuary right of building legislation abroad. The focus of this thesis is in the first part, which consists of nine chapters. The first chapter defines the basic concepts and institutes related to the usufructuary right of building. The second chapter describes the history of the usufructuary right of building. The third to the seventh chapter...
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Acquisitive prescription
Brousilová, Gabriela ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
Easements Master's degree thesis deals with easements and describes historical development of this legal institute, and his form in today's effective civil code 89/2012 Sb. Easements belong to absolute property rights and iura in re aliena, which is the privilege of using a thing of another as if it were one's own. There is an obligation of one person to tolerate something, to refrain from something or to perform something in favour of another person. In this way it allows more people to use one thing without being its owners. The thesis is divided into five chapters. There is an introduction, which describes the aim and division of the work. First chapter explains the institute of easements, its place in today's effective civil code and historical types of easements. There is also short part about the importance of this institute in today's law. Second chapter deals with historical development of this legal institute. First of all there is subchapter about servitutes in Roman Law, because civil code 89/2012 Sb. was inspired with it. Then there is part about regulation in the feudalism period. Because the main inspiration for civil code 89/2012 Sb. was ABGB from 1811, there is subchapter about servitutes in this civil code. Last subchapter of this part deals with the regulation according to civil...
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The land easements- comparaison between Czech and French legal regulation
Nováková, Klára ; Žákovská, Karolina (advisor) ; Franková, Martina (referee)
The present diploma thesis studies the topic of landed servitude, which represents one of the forms of restriction of real estate ownership rights. Landed servitudes form part of the real property rights, in particular of the rights in rem to another person's property. This legal institute dates back to Roman law when, like today, it represented a restriction of real estate ownership rights of one property in benefit of a better use of another property. The base of the landed servitudes is twofold: first, there is real estate for whose benefit the servitude is established (the dominant land) and a real estate burdened by an easment for another property (the servient land). Second, the servitudes limit the property rights of one real estate (the servient land) for the benefit of the owner of the other property (of the dominant land). The institute of servitude is compared between two legislations: Czech, covered by law nž 89/2012, and French, contained in the Frech civil code, Code civil. Powered by TCPDF (www.tcpdf.org)
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Dealing with real estate in theory and case law
Postránecká, Romana ; Salač, Josef (referee) ; Pohl, Tomáš (referee)
Nakládání s nemovitostmi v teorii a soudní praxi Romana Postránecká ABSTRACT (EN) This work is dedicated to a selected range of issues concerning the problems of dealing with real estate. The focus of this work is the handling of material rights to real estate; out of the group of laws of obligations the work includes the issue of leasing real estate. The work is divided into seven chapters. The first chapter provides and introduction to the issues and deals with the systematic legal relationships to real estate. The second chapter addresses real estate transfers, in which the focus is on the present development of judicature in regard to the effects upon a third party of withdrawing from a transfer agreement. The third chapter discusses encumbrances and easements, their contents and comparison with public use like an institute of public law. The forth chapter handles the issue of real estate liens, including liens established within the scope of carrying out a court decision or distraint. The fifth chapter looks into leasing real estate, in particular the differentiation of legal regimes by which the lease agreements abide, according to the type of real estate in question. Despite the fact that the effectiveness of the new Civil Code (in the wording signed by the president of the Czech Republic) had been...
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Rights to foreign property in energy sector
Veselíková, Kateřina ; Damohorský, Milan (advisor) ; Humlíčková, Petra (referee)
This diploma thesis deals with rights to foreign property in the energy sector (electric, gas and heat industry), which are regulated as Energy Act No. 458/2000 Coll. It deals mainly with easements, protective zones, and other public rights to property. This public nature is due to the fact that these rights are established by the law and in the public interest. The aim of this diploma thesis is to evaluate the current and antecedent legislation of the issue of rights to foreign property in connection with the construction of the energy network infrastructure.
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Easements
Křižánková, Jana ; Dvořák, Jan (advisor) ; Pohl, Tomáš (referee)
Rigorous work tries to analyze Institute easements, both in terms of de lege lata and de lege ferenda. In each chapter, we discuss the emergence of easements, ways of their demise, as is discussed especially their contents and pricing, particularly with regard to the current case law of the Czech courts. The work also compares the historical treatment of this institute with the present and with future modification, included in the proposed new Civil Code. Any changes in legislation, this work tries to analyze and recommend future development of this institute appropriate solutions to current needs.
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Dealing with real estate in theory and case law
Postránecká, Romana ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
Nakládání s nemovitostmi v teorii a soudní praxi Romana Postránecká ABSTRACT (EN) This work is dedicated to a selected range of issues concerning the problems of dealing with real estate. The focus of this work is the handling of material rights to real estate; out of the group of laws of obligations the work includes the issue of leasing real estate. The work is divided into seven chapters. The first chapter provides and introduction to the issues and deals with the systematic legal relationships to real estate. The second chapter addresses real estate transfers, in which the focus is on the present development of judicature in regard to the effects upon a third party of withdrawing from a transfer agreement. The third chapter discusses encumbrances and easements, their contents and comparison with public use like an institute of public law. The forth chapter handles the issue of real estate liens, including liens established within the scope of carrying out a court decision or distraint. The fifth chapter looks into leasing real estate, in particular the differentiation of legal regimes by which the lease agreements abide, according to the type of real estate in question. Despite the fact that the effectiveness of the new Civil Code (in the wording signed by the president of the Czech Republic) had been...
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Easements
Blažková, Hana ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
This thesis deals with the legal institute of easements. These are rights in rem to another person's property which restrict the owner of immovable property in favor of another person so that he is obliged to tolerate something, to refrain from something or to perform something. Easements serve more beneficial usage of immovable property or in favor of a particular person. The thesis consists of ten chapters. The first chapter describes the historical development of easements in five sub-chapters. The second chapter deals with the definition and function of easements. The third chapter examines their sorting. The fourth chapter deals with the content of easements. The most common easements - the right of way and the right to use a flat or a room - are described in two sub-chapters. The fifth chapter deals with an issue of recording easements in the land register. The sixth chapter, the largest, successively pays attention to individual ways of their creation in six sub-chapters. In three sub-chapters of the seventh chapter modification of easements (in their subjects, content and object) is analysed. The eighth chapter examines individual ways of termination of easements in six sub-chapters. Separately, in the ninth chapter, limitation of time of easements is dealt with. The final chapter describes...
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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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A comparison of the normal value of infrastructure easement to the prices determined by the internal regulations of municipalities
Prokopová, Tereza ; Klika, Pavel (referee) ; Sedláček, Jan (advisor)
The thesis deals with the valuation of the servitude of the engineering network by normal price and based on the internal regulations of municipalities. The theoretical part focuses on the issues related to the easements, brief historical overview, structure, possibilities of the creation and termination, as well as the description and structure of the technical infrastructure with a focus on gas conduction. The last theoretical part contains of a description of the ways and methods of the valuation of the easements. In the practical part the actual valuation of the easements based on the internal regulations of municipalities and the own calculation of the normal price are carried out.
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