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Pre-emptive right on real estate
Dulíček, Lukáš ; Elischer, David (advisor) ; Zvára, Michael (referee)
Pre-emption right to immovable property Abstract This rigorous thesis concerns the institute of pre-emption right in the contemporary Czech legal system, specifically in relation to immovable property. The thesis examines the theoretical essence of pre-emption right, however for the most part it focuses on the analysis and interpretation of the applicable legislation. The thesis draws widely on the literature and case law originating from the 1990s to the present. Consistently throughout the thesis, a historical comparison is also made with the legal regulation in force in our territory until the year 1950, drawing numerous incentives especially from interwar case law and legal commentary. Peripherally, although not insignificantly, a comparison is made with the legislation from the socialist period. Occasionally, comparisons are also made with the current legislation on pre-emption right in the Federal Republic of Germany. The thesis concerns both contractual and statutory pre-emption rights. The regulation of the contractual pre-emption right in § 2140 et seq. of the Civil Code is examined comprehensively and in detail, as well as the statutory pre-emption rights contained in § 1124, § 1187, § 1254 and 3056 of the Civil Code. The thesis systematically explores the issue of the creation and duration of the...
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