|
|
Protection of property rights and the enviroment
Dub, Ondřej ; Franková, Martina (advisor) ; Stejskal, Vojtěch (referee)
1 Abstract Protection of property rights and the enviroment In this diploma thesis I deal with the relationship between environmental protection and property law. I divide it into four parts. In the first one, I describe the right to property, the limits of the right to property, expropriation for environmental protection, the ownership of individual components of the environment, environmental protection and the conflict between the right to property and the protection of the environment. In it, I deal specifically with the ownership of waters, wildlife, mineral wealth and caves. The second part focuses on the types of restrictions on property rights for environmental protection and their typology. It is a division into internal and external, according to the method of origin and according to the obligations imposed on the addressee. In it, I also define the public and general interest. In the third part, I discuss the limitations for the protection of agricultural land, forest protection, water protection, and the protection of nature and landscape. I deal with the principles of protection of agricultural land and the obligations of the owner in its management, change in the type of agricultural land, forest management, general use of forests, restrictions and prohibitions in forest protection and...
|
|
|
Legislation of freedom of movement in Special Protection Areas
Kuncířová, Michala ; Stejskal, Vojtěch (advisor) ; Franková, Martina (referee)
1 Legislation of freedom of movement in Special Protection Areas Abstract The thesis is covering the legislation of freedom of movement in Special Protection Areas, in particular the limitations of freedom of movement embedded it the Act on the Protection of Nature and Landscape are examined. The timeliness of this topic lies in the consequences of the Covid-19 epidemic, the media conveying ideas and trends to visit attractive territories and technological progress that provide easy access to inaccessible places for a wide range of people. The aim of the thesis is the analysis of the current legal regulation of Special Protection Areas and the assessment of the adequacy and fulfillment of the purpose of the limitation of fundamental freedom of movement by this legislation. This thesis provides an explanation of the fundamental freedom of movement, the legal regulation of the right of public use of nature and landscape and Special Protection Areas, the organization of nature and landscape protection and the instruments of nature and landscape protection. The thesis covers conceptual tools. In detail are discussed administrative instruments of protection, restrictions on freedom of movement provided ex lege and ex actu, also with specific examples protecting Special Protection Areas from the unresponsible...
|
|
|
Specifics of land ownership in specially protected areas
Mičková, Jana ; Franková, Martina (advisor) ; Stejskal, Vojtěch (referee)
This thesis focuses on the specifics of land ownership in specially protected areas. The objective was to determine the status of landowners in these protected areas. The study primarily concentrates on the conditions, obligations, and restrictions that affect landowners in these areas, including the compensations they are entitled to for such restrictions. The thesis also introduces some other institutions that can be used in the protection of nature and landscape. Legal regulations of both public and private law are analyzed, with an emphasis on public law, which includes legal statutes regulating the protection of nature and landscape. Case law addressing the area of nature and landscape protection and property rights is also utilized. The main part of the thesis is an analysis of specific rights and duties for landowners in specially protected areas. It also discusses the position of landowners in the actual declaration of specially protected areas. Mentioned as well are compensations due to owners in case of limitations on their property rights for the purpose of protecting nature and landscape. Given the broad scope of the topic, only the most important specifics are mentioned. The thesis also outlines how legal regulations could be improved in certain cases. Keywords: ownership, specially...
|
|
|
Urban planning as viewed from the perspective of the law
Vávrová, Petra ; Fabšíková, Tereza (advisor) ; Franková, Martina (referee)
This thesis focuses on the relationship between law and urbanism, in particular the ways in which law influences urbanism and the form of public spaces. Urbanism, in the context of this thesis, is understood to be both a scientific discipline that examines the realities of the contemporary and historical city and the technical discipline of the planning of public spaces. In the first chapter of the thesis, the author attempts to define urban studies and urbanism, and through a historical excursion outline their development and the effect of past trends in current urban development. The first chapter thus introduces the social sciences context and basic concepts and includes the analysis of the legal concept of public space ("veřejné prostranství"), to which the thesis refers in subsequent chapters. Then, the thesis maps the legal anchoring of public space, especially in terms of its planning. First of all, it describes the broader system of Czech construction law, , its common theses with environmental law and legal norms which influence the form of the city, such as municipal building regulations and municipal ordinances. With regard to the time of the drafting of the thesis, space is also devoted to the new Czech Construction Act of 2021, which affects the issue of urban planning fundamentally....
|
|
|
Principle of superficies solo cedit and its importance in land law
Štěpánková, Jana ; Franková, Martina (advisor) ; Žákovská, Karolina (referee)
The aim of the thesis is to describe the concept of the superficial principle in the valid legal regulation and its influence on land law relations. As a result of the reintroduction of the superficial principle into the legal order of the Czech Republic by Act No. 89/2012 Coll., The Civil Code, all that is associated with the earth's surface becomes part of the given land. The thesis is divided into five structured chapters. The first chapter is devoted to land law as an interdisciplinary law system. The aim of second chapter is to explain the key importance of the superficial principle within the context of land law. The third chapter deals with the historical background of the development of legal relations to immovables in the territory of the Czech lands, also including the introduction of the Roman settlement as the basis of the superficial principle. The next part of the thesis contains the interpretation of the most important legal institutes related to the superficial principle in the context of the valid law. The chapter further describes exceptions to the principle. The fifth part of the thesis is focused on the analysis of selected land law relations influenced by the superficial principle.
|
|
|
Records in the Land Register
Bulíčková, Karolína ; Žákovská, Karolina (advisor) ; Franková, Martina (referee)
Records in the Land Register This diploma thesis deals with the institute of records in the Land Register, which, due to Act No. 89/2012 Coll., the Civil Code, underwent numerous changes that needed to be reflected in legal regulation of the Land Register. At the time of writing this thesis, it has already been 6 years since the recodification of the Civil Code and changes associated therewith. Thus, it is possible to evaluate the legal regulation of records in the Land Register in its whole complexity. The thesis is divided in five parts that analyse different aspects of this legal institute. The first part of the diploma thesis outlines the historical evolution of the evidence of real estate itself for better understanding of current legal regulation. The second part of the thesis is focused on current legal regulation of the Land Register, its essential principles of holding the Register and extracts from the Land Register providing information about the state of real estate. The third part deals with the subject of evidence, as not all real property is being registered in the Land Register. Regardless the general description, the contentious part of the issue based on legal regulation is being involved in the description of each real estate as well. The fourth part of the diploma thesis aims to...
|
|
|
Right of superficies and its comparison to Austrian law
Kolísková, Zuzana ; Franková, Martina (advisor) ; Stejskal, Vojtěch (referee)
The right of superficies and its comparison to Austrian law Abstract This thesis describes the right of superficies that was adopted into the Czech legal system by the Act Nr. 89/2012 Sb., Civil Code and compares it with the Austrian right of superficies adopted by Act Nr. 86/1912. The objective of the thesis is to describe the key attributes of the right of superficies according to Czech law and to compare it with the corresponding provisions of the Austrian law. The thesis also deals with provisions of the Czech right of superficies that may be unclear or problematic to interpret and offers the possible way in which these provisions could be interpreted by drawing upon the example of the Austrian right of superficies. The thesis also contains the evaluation of the Czech right of superficies and some ideas for improvement of some its provisions. The right of superficies is described according to Czech and Austrian law in each chapter separately to aid the comprehensibility of the thesis and each chapter also contains the comparison of the concrete attributes of the Czech and Austrian right of superficies, respectively. Analytic, synthetic and comparative methodologies are used in this thesis. The introduction contains a brief historic development of the right of superficies and of the principle superficies...
|
|
|
Environmental legal aspects of climbing
Kyloušková, Nikola ; Žákovská, Karolina (advisor) ; Franková, Martina (referee)
The presented thesis analyzes legal regulation concerning protection of nature and landscape in relation to climbing in the Czech Republic. The aim of the thesis is to create a comprehensive overview on legal aspects of climbing and its critical analysis. For these reasons the thesis attends to another activity closely connected to climbing which is movement of persons in free nature. Rights of owners of properties as one of the important private law aspects is considered as well. The key part addresses itself to legal regulation of climbing in specially protected areas which are important locations for the subject activity. Conclusions of the thesis are based on not only legislative and regulatory acts, but many administrative decisions and measures of general nature issued by nature conservation authority. The thesis is divided into six thematically intertwined chapters. These chapters pursue a definition of climbing, an identification of reasons for which law regulation is needed and mainly presentation and analysis of legal regulation and legal aspects of climbing including issues of responsibility according to both private and public law. The thesis may serve specialists in the field of law as source of information on the subject activity as well as on partial legal institutes of protection of the...
|
|
|
The Voluntary Tools of Environmental Protection
Švehlová, Nina ; Franková, Martina (advisor) ; Žákovská, Karolina (referee)
The diploma thesis is focused on the voluntary tools of environmental protection, those representing a remarkably wide and variable group of tools. The aim of this thesis is to create an integrated and compendious overview of the previously mentioned tools applied not only in the Czech Republic, to outline its basic characteristics, ways of its usage, and its mutual combinations, including the analysis of the legal regulation of the voluntary tools. After the two introductory chapters dedicated to the environmental policy and the system of all tools of environmental protection the following chapter deals with the voluntary tools only, dividing them for the purposes of this diploma thesis into categories of regulatory, informative, and educational tools. Considering the extent of the topic, the author decided on a detailed analysis elaboration of the three chosen tools in the following part of the thesis. In the fourth chapter the diploma theses concentrates on the EMAS according to the Regulation (EC) No 1221/2009 of the European Parliament and of the Council on the voluntary participation by organisations in a Community Eco-Management and Audit Scheme (EMAS), which is being compared to the second implementation option of Environmental Management System, that is represented by the internationally...
|
|
|
Municipality and environmental protection from the legal point of view
Světlý, Josef ; Pokorný, Jiří (advisor) ; Franková, Martina (referee)
Municipality and environmental protection from the legal point of view Abstract The main goal of this work is to show the importance of the role of municipalities in the processes of environmental protection. As should be clear from the work, the field of environmental protection has recently undergone quite dynamic development, both in the legislative and case law, and municipalities are forced to respond to this development. The content of the first chapter is the definition of the concept of the environment and the subjective right of natural and legal persons to a favorable environment, especially with regard to the problems that have arisen in connection with the question of whether the subjective right to a favorable environment also belongs to legal persons. Part of the first chapter is also a comparison of the Czech constitutional regulation with the legislatives of some other European democracies, which concludes the success of our constitutional regulation. The second chapter describes municipalities as subjects of state administration, their division and the main purpose of the second chapter is to distinguish between independent and delegated powers. The second chapter also points out the fact that the role of the municipality as a procedural subject is divided into three areas and these areas,...
|
guest ::
RSS feed.