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Evaluation of specific factors in the valuation of agricultural land in conditions of the Czech republic
Hrubanová, Michaela ; Mikš, Lubomír (referee) ; Weigel, Lubomír (referee) ; Bradáč, Albert (advisor)
This dissertation is focused on the identification and evaluation of specific factors affecting the price of agricultural land. It should be mentioned that the market for agricultural land, especially arable land and permanent grasslands, is not fully developed in the Czech Republic and this area is not fully explored. The thesis describes the factors on the basis of which the investor decides when buying these plots. The data needed for this work have been obtained from professional literature, real estate servers, two polls, actual sales, etc. In the conclusion of this thesis all findings are summarized and evaluated. It includes the development of prices in the years 2014 – 2016 based on sales actually realized in the Olomouc Region, Moravian – Silesian Region, South Moravian Region and Vysočina Region. The outcome of the thesis is a proposal of an expert standard. It is necessary to realize that, above all, agricultural land is a specific commodity, as it is unreproducible, indivisible and its offer is limited.
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Purchase Agreement on Transfer of Ownership Right to Real Property
Zvonková, Denisa ; Salač, Josef (advisor) ; Šustek, Petr (referee)
Thesis title: Purchase Agreement on Transfer of Ownership Right to Real Property This thesis deals with the issues related to the transfer of ownership right to a real property by the means of a purchase agreement. The topic of this thesis has been chosen mainly for the reason that the purchase agreement is the main type of contract used, in most of the cases, to meet the housing needs of people. The aim of this thesis is to set out the basic aspects of the above-mentioned legal institute and primarily to identify the problematic situations that may arise during a real property transaction on the basis of the purchase agreement, in terms of applicable legislation. The thesis is structured into sections and is formed by the introduction, six separate sections and the conclusion. The first section is devoted to a brief description of history of purchase agreement and contractual transfer of real property, which is subsequently followed by a summary of applicable legislation regarding the purchase agreement. Section two is concerned with the definition of real property as a legal term and is further divided into subsections, where the specific aspects of individual types of real property, i. e. plot of land, construction, right to build, and unit, are described. The third section describes the two...
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Selected topics concerning immovable property and its disposition in amended Czech civil law legislation
Kolban, Petr ; Salač, Josef (advisor) ; Thöndel, Alexandr (referee)
The present doctoral thesis is aimed at selected questions related to the specification of real estate and the property rights associated with it. Taking into consideration legal acts of obligational character (e.g. rent), it profoundly analyzes the European dimension affecting the management of immovable property as well as provides a comparison of the recent case law, a topic covered in individual parts of the text, while evaluating the applicability of these judgments in the future, that is, in relation to the current Civil law. Following an introduction defining the main objectives of the paper, the second chapter is dedicated to the characterization of some basic questions associated with individual kinds of immovable property, which, apart from taking account of the individual innovations (some of them re-established) contained in the Code, allow for the impact of previous derogated legal rules on the application of individual amendments proposed by the law (e.g. the re-establishement of the superficies principle). The next chapter examines, besides the basic components and kinds of possession, the essential innovation of the Civil Code, that is, the possessory protection. In relation to this, the chapter also gives an interpretation of two related institutes, namely the institutes of unauthorised...
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The restriction of real property for the protection of nature and landscape
Bednářová, Blanka ; Damohorský, Milan (referee) ; Franková, Martina (referee)
The aim of the diploma thesis is the analysis of legal instruments regarding the restriction of the ownership of real property arising out of the protection of nature and landscape. This diploma thesis is divided into 7 chapters including the introduction and the conclusion. The second chapter deals with the constitutional origin of the respective legal institutes. The third chapter deals with the conflict of the fundamental rights. The fourth chapter provides for the fundamental institutes, their basic components, and their legal basis in private and public law. The fifth chapter is concerned with the particular restrictions of the ownership of real property as stipulated by relevant legal regulations. This chapter is divided into the analysis of the act no. 114/1992 Coll. in general and the analysis of the general and special protection of nature and Natura 2000 and provides examples of the respective legal institutes. The sixth chapter defines the restriction of the ownership rights arising out of other acts. The conclusion is concerned with the comparison of the aforementioned legal institutes and the evaluation of the particular features thereof. The conclusion also provides proposals for prospective changes in the relevant legislation.
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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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Tax issues of ownership and transfer of real property with special regard to ownership of flats
Vařeka, Zbyněk ; Vondráčková, Pavlína (advisor) ; Novotný, Petr (referee)
This thesis deals with aspects of taxes related to property ownership and their transfers, focusing on the ownership of flats. Its rationale is to present a comprehensive analysis of selected taxes with the emphasis on newly effective legislation to clarify a taxpayer's liability as well as evaluate various different perspectives of such tax obligations and their changes, which are effective as of January 1st , 2014, or suggest other possible amendments. This thesis consists of three parts. The first part defines the institute of ownership, its subject, content and scope as well as the means of acquisition and transfers. At the same, it also briefly explains the institute of co-ownership and community property. Subsequently, with regard to the subject of property rights, this thesis is about the concept of things in the legal sense, especially about the concept of real estate, flat, or a housing unit, and types of the ownership. The second part briefly discusses taxes on a theoretical level. After a brief historical overview, the concept and function of taxes is explained herein. Furthermore, basic principles of taxation, upon which the entire tax system as the total of all taxes in the Czech Republic is based, are specified. This part also explains individual elements of the legal structure of...
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The restriction of real property for the protection of nature and landscape
Bednářová, Blanka ; Franková, Martina (advisor) ; Snopková, Tereza (referee)
The aim of the diploma thesis is the analysis of legal instruments regarding the restriction of the ownership of real property arising out of the protection of nature and landscape. This diploma thesis is divided into 7 chapters including the introduction and the conclusion. The second chapter deals with the constitutional origin of the respective legal institutes. The third chapter deals with the conflict of the fundamental rights. The fourth chapter provides for the fundamental institutes, their basic components, and their legal basis in private and public law. The fifth chapter is concerned with the particular restrictions of the ownership of real property as stipulated by relevant legal regulations. This chapter is divided into the analysis of the act no. 114/1992 Coll. in general and the analysis of the general and special protection of nature and Natura 2000 and provides examples of the respective legal institutes. The sixth chapter defines the restriction of the ownership rights arising out of other acts. The conclusion is concerned with the comparison of the aforementioned legal institutes and the evaluation of the particular features thereof. The conclusion also provides proposals for prospective changes in the relevant legislation.
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Disposition with real property in comparison with czech and finnish legal regulation
Kolban, Petr ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
7 Abstract Disposition with real estate falls within the scope of present diploma thesis. The main goal of the thesis is the comparison of two legal orders which are, in many ways, similar; nevertheless, there might be found some differences which are described in textual matter. The thesis itself is divided into six chapters redundant, reflects a reform of Czech private law in progress and compares Czech doctrine with relevant case law. It is focused mainly on real estate disposition from the point of view of private law (however, some aspects of public law had to be taken into account) and lays emphasis on legal terms such as "thing", "immovable", "property", "ownership", "disposition" in their broader meaning, and "purchase agreement" (and other topics related to them). The introduction contains the outline of the structure, main goals of the thesis and a definition of the term "disposition". Disposition is perceived, as mentioned above, in largo sensu meaning and includes not only the right to make a legal act concerning the thing but also the owner's rights to use, posses, gain benefits and destroy the thing. Chapter two deals with the historical development of Finnish land law. General legal history is also taken into consideration. The following chapter discusses various kinds of things which may be...
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Analysis of Suitable Valuation Methods for the Communal Swimming Pool in Senica
Duban, Ivan ; Gardášová, Alena (referee) ; Hlavinková, Vítězslava (advisor)
The main goal of this thesis is to analyze appropriate methods and approaches that lead to valuation of a sports complex, specifically the public swimming pool complex in Senica before and after reconstruction. The aim is to estimate the expenses that are related to running the place and to analyze its possible revenue. The object´s price is based on the up-to-date valuation acts. To perform the valuation, it was necessary to acquire the corresponding technical and economic documentation. Based on these documents, there is a visible technical upgrade, which is due to a reconstruction. The object is owned and managed by the town of Senica.
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The Development of Real Property Regulation in the Czech Lands in 19th and 20th centuries
Srbová, Alena ; Kuklík, Jan (advisor) ; Kindl, Vladimír (referee)
Development of the Real Property Law Regulation in Czech Lands in 19th and 20th centuries The purpose of my master degree thesis is to analyse the development of legal regulation in the field of real property law in the Czech lands between years 1800 and 2000. There is several reasons for my research which are specified in the thesis's Preface: the fact I am very interested in everything what is connected with the legal aspects of real property questions, my original profession (having secondary school education in construction domain - and construction is a real property according to the valid Czech legal form) and influence of the denial of certain general principles of property law in the Czechoslovakia in the past to my family. The thesis is composed of ten chapters, each of them describing the legal regulation of the real property law in different historical period of time. Chapter One is introductory and defines basic characteristics of real property law in the past, beginnings of its concept as a fundamental human right and specificities of the soil including mentioning the exclusive Czech legal institute buildings being a real property. Chapter Two shows the essential institutes of legal relations to the real properties from the beginnings of Czech statehood (feudalism and absolutism times)...
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