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Determination of the price of usual immovable property in co-ownership
Froľová, Simona ; Hlavinková, Vítězslava (referee) ; Vařechová, Martina (advisor)
The thesis deals with the settlement of co-ownership shares through the determination of the usual price for a selected real estate property. The first part of the thesis focuses on a literature review and legal case studies, as well as the explanation of terms related to the issue and the definition of the procedure for settling co-ownership. Furthermore, the selected property, which will be the subject of the settlement, is described along with a description of the locality in which it is located. In the second part of the thesis, the actual procedure for settling co-ownership is elaborated, including the determination of the usual price for the various methods of settlement – transferring the share to one owner and compensating the other with an appropriate amount, dividing the property and possibly compensating to the extent of the share, and selling the property through a public auction. In the cases of share transfer and sale through public auction, the usual price was determined by the direct comparison method from realized prices. The residential units that resulted from the division of the property were also appraised using the comparison method from data created in the database.
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Actual division of office building in Brno
Soukupová, Ivona ; Bradáč, Albert (referee) ; Šmahel, Milan (advisor)
The aim of this master thesis is assessing the possibility of a real division of the office building in Brno as a solution of the settlement of ownership of property among the co-owners. Firstly, in the theoretical part of the study, important terms which are related to the topic are summarised, and also possibilities of settlement of co-ownership, assumptions of the real estate division and approach of valuation are handled. Secondly, in the practical part of the thesis, the description of the office building and assessment of possibility of real division in all aspects are provided. Moreover, the valuation of the office building before the division is discussed, as well as quantification of the height of costs for real division and valuation of newly established immovable properties after the division based on proprietary proportions. The study is finished with the suggestion of settlement according to the amount of proprietary proportions.
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Real rights written to the Cadastre
Nippert, Filip ; Šváb,, Tomáš (referee) ; Kutálek, Stanislav (advisor)
The thesis deals with real rights written to the cadastre. It is divided into ten chapters and starts with the definition of real rights and its historical development. Then, it disusses the cadastre as a public list. The thesis also deals with situations, where there is discordance between the real legal relationship and what is registred in the cadastre. The following chapters are devoted to the property rights including their mofications, the right of contruction, trust funds, the easement and lien. The thesis also discusses the cases when the property is used by another person and secondary agreements in the contract. It also contains simple plat maps concerning certain institutes mentioned in this thesis.
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A Fair Division of Property in Settlement of Co-ownership - an Appartment House
Švancarová, Jana ; Pohl,, Petr (referee) ; Šmahel, Milan (advisor)
The thesis deals with the Equitable division of real estate property - estates with a residential object, the objective of the thesis is to assess the possibility of equitable division of property - estates with a residential building as a solution of the settlement of ownership of property among the co-owners. A part of the thesis is a proposal for solving an equitable division of a residential building. The thesis consists of two parts: the first part summarizes theoretical background of equitable division of property - estate with a residential building. The second, practical part deals with the proposal for equitable division of property, estates and a residential building, including a proposal for necessary construction alterations and assessment of estate prices and construction of residential building before and after the division, a part of the thesis is also the design of ownership and financial settlement of property between co-owners with regard to size of their shares.
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The legal institution of settlement
Schützová, Petra ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
The legal institution of settlement of property Summary The purpose of my thesis is to analyse the legal institution of settlement of property, an institution which constitutes an important part of legal order, and to point out the problems, difficulties and questions frequently arising out of practice, out of regular encounters with different branches of law, where we can find the institute of settlement. The reason for my research is to characterise several types of settlements of property, make a brief description of each of them, to point out their distinctive features and to examine the interplay of legal institution as described in law with it's real, day to day application influenced by day to day life. The thesis is composed of four chapters, each of them dealing with different aspects of legal institution of settlement of property. Chapter One is introductory and defines basic principles of settlement of property, it's history, the changes and the evolution of this institute. Chapter Two is subdivided into five parts, each of them dealing with one type of settlement of property, including settlement of residential property, and introducing their basic principles and rules. Chapter Three, consisting of five parts, examines the types of settlement of property more profoundly, dealing with relevant...
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The legal institution of settlement of property
Schützová, Petra ; Hendrychová, Michaela (advisor) ; Salač, Josef (referee)
The legal institution of settlement of property The aim of my thesis is to analyze the legal institution of settlement of property and the impact of the new civil code and its principles. The legal institution of settlement of property forms an essential part of the legal order and as such is an institution which is very important in a day to day life. My research seeks to characterize several types of this institution, to describe the different aspects of each of them and to compare the code civil in force and the new one, i.e. the civil code no. 40/1964 and civil code no. 89/2012. The thesis is composed of 7 chapters, each of them exploring different institution of settlement of property. The first chapter, as an introductory chapter, presents the basic principles, evolution and the changes in different types of settlement of property. Second chapter deals with the settlement of the ownership including settlement of residential property. In the next chapter I examine the settlement of tenancy by entirety, the duties and rights that are related to this institute. The fourth chapter characterizes the unjust enrichment and its settlement particularly in the context with the co-ownership. The fifth chapter focuses on inheritance and the following chapter deals with the claims arising from association....
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Cancellation and settlement of co-ownership and pre-emptive right of co-owners
Vacek, Aleš ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
Cancellation and Settlement of Co-ownership and Pre-emptive Right of Co-owners Abstract The thesis is focused on the cancellation and settlement of co-ownership and pre- emptive right of co-owners. The goal of the thesis is to analyse the situations when one of the co-owners decides to leave the co-ownership. For it there is an institute of the cancellation and settlement of co-ownership or a transfer of co-ownership share in which the co-owner can be limited by pre-emptive right of the other co-owners. The result of the analysis is also a valorisation of imperfections of legislation and a proposal of their solutions. The thesis consists of introduction, five parts and conclusion. It draws information from legal regulations, legal literature, case law and other. After short introduction, the second part of the thesis deals with historical development of co-ownership with a view to the development basic phases. This part ends with the principles of recodification of private law in section of co-ownership. These principles were the way-outs for current legislation. The next part of the thesis deals with general characteristics of co-ownership and its selected basic elements such as subjects and an object of co-ownership. The co- ownership share is also mentioned there. The fourth part and the fifth part of...
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Co-ownership and security interest
Žáček, Lukáš ; Hendrychová, Michaela (advisor) ; Lederer, Vít (referee)
1 Co-ownership and lien English abstract The work was devoted to the examination of the specific relationship between two fundamental legal institutes, namely co-ownership and a lien, whereas the results of this work brought new findings in this area. The aim of this work was twofold. First aim was to find out whether there are arguments supporting common claim that an ideal co-ownership share may be the subject of a lien. Second aim was to examine whether a lien to a thing that is subject to co-ownership and a lien to an ideal co-ownership share regarding the same thing can exist next to each other at the same time and, if so, how those liens affect each other. In order to explain the problems addressed by this work and to find a solution to both problems, the valid legal regulation was interpreted by use of the linguistic, logical, comparative, systematic, teleological and historical method. This interpretation was further supported by the analysis of opinions expressed in relation to the partial points of the problem addressed, both in case law and in the literature. These opinions were also compared to each other in order to determine which of them would work best in the simulation of an argumentative exchange. However, the opinions expressed so far have proved to be insufficient to address either of...
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Real rights written to the Cadastre
Nippert, Filip ; Šváb,, Tomáš (referee) ; Kutálek, Stanislav (advisor)
The thesis deals with real rights written to the cadastre. It is divided into ten chapters and starts with the definition of real rights and its historical development. Then, it disusses the cadastre as a public list. The thesis also deals with situations, where there is discordance between the real legal relationship and what is registred in the cadastre. The following chapters are devoted to the property rights including their mofications, the right of contruction, trust funds, the easement and lien. The thesis also discusses the cases when the property is used by another person and secondary agreements in the contract. It also contains simple plat maps concerning certain institutes mentioned in this thesis.
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