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Viniculture and wine-production from the legal point of view
Doležalová, Jana ; Damohorský, Milan (advisor) ; Drobník, Jaroslav (referee)
The title of the thesis is "Viticulture and winemaking from the legal point of view". The purpose of my thesis is to analyze the Czech legislation of viticulture and winemaking. It is important to include the law of the European Union because it directly regulates the national legislation. The aim of this thesis is to give a complex insight into the valid viticulture and winemaking law. The thesis is composed of seven chapters, each of them dealing with different aspects of the topic. The first chapter is introduction and provides only starting point of the thesis such as terminology. Chapter two is subdivided into six parts and surveys historical background of viticulture and winemaking in the Czech Republic. Each part is devoted to one important era starting in antiquity and explores the evolution till current situation. Chapter Three shows viticulture and winemaking law in the context of the Czech legal system and highlights links between mentioned law and environmental policy. Chapter Four characterizes current EU legislation and focuses on regulations concerning common agricultural policy in the sphere of viticulture and winemaking. Chapter Five outlines Czech legislation and is subdivided into seven parts. It is the main part of the thesis and it reports on the current Czech regulation of...
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Transfer of ownership right to land
Němečková, Petra ; Drobník, Jaroslav (advisor) ; Franková, Martina (referee)
1 Abstract Transfers of land ownership This thesis provides a clear and comprehensive explanation on the transfer of land ownership and institutions associated with this issue. Land from other things in the legal sense is so different that it raises the need to create specific legal regulations, which contain the basic institutions and principles of land law. The special nature of the land is determined by its specific characteristics that distinguish it from all other things. Although it has a long tradition of land ownership, it has still not developed it's uniform and comprehensive legislation. General law for the transfer of land ownership is a civil code. Special regulations are cadastral law and the law on registration of ownership and other rights in real estate, the law on transfers of agricultural and forest land, Land Act and others. Due to the adoption of a new civil code, there are some places to identify and compare to the current legal system, and possible adjustment for the future. The thesis is divided into four parts. The first part contains general characteristics of land ownership, and describes its object, subject, content, institutions and basic concepts that are associated. The second part deals with various ways of transfer of title to land. The basic meaning of transfer is when the...
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Principles of Environmental Protection
Brezinová, Barbora ; Franková, Martina (advisor) ; Drobník, Jaroslav (referee)
This thesis explores selected principles of environmental protection. First, a general introduction to the topic of legal principles is given. It is followed by a description of the approach taken in international environmental law and the environmental law of the European Union. Subsequently, this paper focuses on a theoretical analysis of these selected principles: (i) principle of sustainable development, (ii) preventative principle, (iii) precautionary principle, (iv) polluter pays principle, (v) principle of the highest value, (vi) principle of a high level of protection and finally, (vii) principle of access to information and of public participation. The main attention is paid to the situation in the Czech Republic. The aim was to provide an analysis of the principles of environmental protection in statutory provisions, and of their application by the Czech courts (the Supreme Administrative Court in particular). However, also a brief comparative description of the Austrian approach to the discussed topic is given. Finally, the research results are discussed and conclusions concerning the effectiveness of the environmental principles application are drawn. In order to improve the current situation, several recommendations de lege ferenda are listed. The principles of environmental protection...
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Registration and recording of legal relations to land in the land register (cadaster)
Vlčková, Zuzana ; Drobník, Jaroslav (advisor) ; Franková, Martina (referee)
70 REGISTERING AND RECORDING LEGAL RELATIONS TO LANDS IN THE REAL ESTATE REGISTER Summary This MA thesis deals with the question of registering legal relations to real estates and with recording these legal relations in the real estate register. Since the principle of registering today is in a way connected to the historical context that not only influences the current state and legal form but also leads to various problems, there is a brief summary of the most important institutes and ideas of former ways of registering real estates and the legal relations to them at the beginning of this work. What follows is an explanation of the real estate register as a current instrument for registering real estates and the legal relations to them, its functions, subject matter and area, together with the main principles of its keeping. Attention is also paid to keeping the data recorded in the register in accordance with reality and to the resultant problems. The topic area of recording legal relations to real estates is then developed in more detail, beginning with the principles of their recording, continuing with their forms and their being carried out by real estate registers in practice, and ending with problems connected to the records. The tasks of real estate registers while keeping the real estate register's...
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Plant and animal breeding from the legal point of view
Pacolová, Eva ; Damohorský, Milan (advisor) ; Drobník, Jaroslav (referee)
78 Abstract The goal of this diploma thesis is to clearly summarize the legal regulation in fields of the livestock breeding in the Czech law system. The thesis focuses on the elaboration of the legal regulation in pig breeding; a separate chapter is devoted to this topic. In order to give a complex overview of the breeding discipline, this thesis describes its history as well. Since 1940s, in all developed breeding countries, the livestock breeding discipline follows breeding programs supported by the genetic science. In the broadest notion, by the breeding discipline we recognize the set of zootechnical-organizational and economic measures which lead to general improvement of the livestock yield, determined by the economic yield of the breed. The basic resource of the breeding legislation is the statue 154/2000 Col., about breeding and livestock registration. This statue subsumes these three areas: - area of livestock breeding - area of livestock branding - area of animal registration, not only of the livestock The registration and branding is in our law system governed by regulation 136/2004 Col., which determines details of the animal branding, their registration, the farmstead and persons registration following the breeding law amended by Decree 199/2007 Col. The central file management is provided by...
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The development of the land ownership right in the Czech Republic
Petříková, Kristýna ; Franková, Martina (advisor) ; Drobník, Jaroslav (referee)
The development of ownership right to land in the Czech Republic The purpose of this master's degree thesis is to give comprehensive overview of the development of ownership relations to land in the Czech Republic, taking account the current state of land ownership. This issue is still very current and complicated. Land ownership in the Czech Republic has undergone intriguing evolution during 19th and 20th century, which took place in many political and social changes, which influenced state of ownership relations to land in Czech Republic and also possession and use of land as such. This thesis is composed of introduction, seven chapters focusing on specifics of land ownership and its development and finally conclusion. Chapter One is introductory and describes peculiarities of land ownership. This passage is subdivided into two parts. The first one characterises specific features of ownership right to land. Part Two focuses on land as separate object of ownership relations. Chapter Two is concerned with development of right to land during the "First Czech Republic". The chapter consists of four parts. Part One attends to the first large land reform in the years 1918 - 1935. Part Two analyses individual legislative acts. Part Three is addressed to competence State land offices. Part Four...
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The Czech Environment Inspection
Štěpková, Barbora ; Drobník, Jaroslav (advisor) ; Stejskal, Vojtěch (referee)
The Czech Environmental Inspectorate The Czech Environmental Inspectorate is a professional body of state administration, which is charged with supervision of observing the statutory norms in the field of the environment. It was established in 1991 by the Act No. 282/1991 Collection of Law, on Czech Environmental Inspectorate and its competencies in forestry protection, as a body subordinate to the Department of the Environment. The inspectorate exercises its activities in five areas, namely the climate, water, nature, landscape and forestry protection and waste management, and also in the area of integrated prevention. In course of time, the Czech Environmental Inspectorate has also taken the protection of the ozone layer into its sphere of action, as well as the supervision over the chemical agent treatment and the questions of packaging and genetically modified organisms. Its main tasks are the control, revision and research on specific places. The competencies of the Czech Environmental Inspectorate are regulated by the above mentioned law and simultaneously, by individual component laws. This thesis consists of a general part, in which the basic information about the history of the Inspectorate are given, as well as its organizational structure, legal regulations and the position of the Inspectorate in...
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