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Terminology and original formation of ownership of a unit within the wording of act no. 72/1994 coll. and act no. 89/2012 coll.
Zeman, Erik ; Thöndel, Alexandr (referee) ; Pohl, Tomáš (referee)
In his work titled " TERMINOLOGY AND ORIGINAL FORMATION OF OWNERSHIP OF A UNIT WITHIN THE WORDING OF ACT NO. 72/1994 COLL. AND ACT NO. 89/2012 COLL.", the author endeavours to analyse selected theoretical and practical problems arising upon the construction of terms related to ownership of flats and the execution of the formation of original ownership of units in light of the regulation of Act No. 72/1994, Coll., on Ownership of Flats, and Act No. 89/2012 Coll., the Civil Code, and in addition, the author's objective is to identify possible solutions to eliminating these problems.
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Terminology and original formation of ownership of a unit within the wording of act no. 72/1994 coll. and act no. 89/2012 coll.
Zeman, Erik ; Thöndel, Alexandr (referee) ; Pohl, Tomáš (referee)
In his work titled " TERMINOLOGY AND ORIGINAL FORMATION OF OWNERSHIP OF A UNIT WITHIN THE WORDING OF ACT NO. 72/1994 COLL. AND ACT NO. 89/2012 COLL.", the author endeavours to analyse selected theoretical and practical problems arising upon the construction of terms related to ownership of flats and the execution of the formation of original ownership of units in light of the regulation of Act No. 72/1994, Coll., on Ownership of Flats, and Act No. 89/2012 Coll., the Civil Code, and in addition, the author's objective is to identify possible solutions to eliminating these problems.
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Unit owners association as a subject of law
Vrobel, Rostislav ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
The purpose of my thesis is to describe unit owners association as a subject of law in the Czech Republic. It focuses on analysis of the most significant problems of the current legal regulation in the Act No. 72/1994 Coll., on apartment ownership. It also concurrently reflects the legislation in the new civil code, in which is the apartment ownership incorporated. The subject of thesis was selected because of its actuality in the professional literature and in the daily life. The issue of the unit owners association affects more and more inhabitants because of its mandatory membership and increasing amount of apartment owners. This dissertation consists of six individual chapters. Each chapter looks at the basic principles of the unit owners association and contains subchapter reflecting legal regulation in the new civil code. The first chapter concentrates on the legal regulation of the unit owners association. It looks at the most significant changes in the apartment ownership legislation, which have constituted unit owners association as a legal person. It also includes basic analysis and classification of amendment to apartment owners legislation in the new civil code. The second chapter looks at the legal status of unit owners association. It describes its characteristics as a person of law,...
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Unit Owners Association as a Subject of Law: (A Comparative Study of the New Civil Code Bill)
Vohnická, Veronika ; Oehm, Jaroslav (advisor) ; Plíva, Stanislav (referee)
Unit owners association as a subject of law (A comparative study of the new civil code bill) The purpose of my thesis is to analyse current legislation regarding apartment ownership which incorporates provisions regarding unit owners associations and compare it with the new Civil Code bill which will incorporate these provisions in the future. The methodology is primarily critical analysis. I explain the main problem by way of practical examples. The reason for choosing this subject of research is its topicality and the large numbers of people who live in apartments in the Czech Republic who are required to be members of unit owners associations. The thesis is composed of six chapters, five of which deal with various elements of the provisions regarding unit owner associations. Following these chapters, I look at the new Civil Code bill. The final chapter describes some provisions which apply outside the Czech Republic. Chapter One explains the legal status of unit owners associations as a legal entity and their characteristics. The chapter is subdivided into three main parts. Part One deals with the extent of the association's legal capacity. Part Two describes who represents the association and Part Three concerns the register of unit owners associations. Chapter Two describes the creation and...
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Comparison of Contemporary Legislation of Basic Institutes of Condominium Act in Czech Republic and Germany
Sčensný, Jozef ; Oehm, Jaroslav (advisor) ; Eichlerová, Kateřina (referee)
Comparison of contemporary legislation of basic institutes of condominium act in Czech Republic and Germany The work focuses on explaining the basic concepts which limit the whole legislation and position of homeowners' association (HOA) as a legal entity which is responsible for keeping the house. The first chapter deals with the theoretical concept behind the condominium. How does it differ from the common ownership and what are other similar concepts. Legal orders of both countries (Czech Republic and Germany) stand on classical concept of a thing. In this context the apartment cannot be a thing because it lacks independence from other things - they cannot exist outside a building (which is a thing) and therefore they cannot be legally transferred. In my opinion the current law stand on dualistic theory, where the unit is primary and the co- owner share in building and parcel are accessorial to the unit. In Germany there is a ruling principle of superficies solo cedit. That means a building is part of land and cannot be legally transferred without the land underneath. In German theory the ownership of flats constitutes a unity of three elements: co-ownership (on land), exclusive ownership (on unit) and membership in HOA. The second chapter outlines the terms which appear in the following text and which...
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