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Valuation in the settlement of building insurance claim in model situations
Růžek, Matyáš ; Cupal, Martin (referee) ; Doležalová, Monika (advisor)
The subject of the diploma thesis is the comparison and evaluation of approaches and methods of valuation of selected building for insurance purposes. The thesis is motivated by the perspective of harmonization of domestic legislation regulating real estate valuation with foreign valuation standards. The theoretical part of the thesis presents the legislative framework of insurance and defines key concepts and principles in the field of valuation to the extent given for the needs of insurance companies. The analysis of domestic approaches and methods of valuation, as well as approaches and methods based on foreign standards, seeks a common initial basic platform for the harmonization of valuation standards. In the practical part, a reference building, an existing family house in the Karviná district, was chosen to simulate procedures within the framework of liquidation of an insured event and comparison of valuation methods. Based on the construction description of the reference building, the valuation is carried out using selected methods and then according to commonly used methodologies of insurance companies. The values obtained are compared and at the end of the work there is a proposal for an optimal approach to the valuation of buildings with the aim of more accurate calculation of insurance claims. The research methods used in the thesis are searches of domestic and foreign literature, analysis, comparison, own calculations, simulation and methods of valuation of buildings within the necessary scope of applicable legislative standards.
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Kupní smlouva o převodu nemovité věci
URBANOVÁ, Lucie
This bachelor thesis focuses on a comprehensive analysis of a real estate purchase agreement, including its legal framework and potential risks for both parties - the seller and the buyer. The theoretical part provides a detailed interpretation of the basic concepts and principles related to the contract of sale and transfer of immovable property. It defines key aspects such as the object of purchase, purchase price, acquisition of title, incidental arrangements and termination of the contract. The practical part presents a detailed analysis of a model contract of sale and transfer immovable property. It identifies and describes in detail the potential risks and shortcomings commonly encountered in practice. It proposes concrete and practical solutions to prevent risks and minimise their impact on the ontracting parties. The aim of the work is to provide a comprehensive overview of the problems of the purchase contract on the transfer of immovable property. To raise awareness of the risks and pitfalls associated with this type of contract.
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Comparative analysis of the use of methodologies for properties evaluation in Germany for expert practice in the Czech Republic
Imrišová, Ivana ; Korytárová, Jana (referee) ; Hyánek,, Vladimír (referee) ; Kledus, Robert (advisor)
The subject of the dissertation is the analysis of conditions for the work of real estate appraisers in the Federal Republic of Germany in comparison with the conditions in the Czech Republic with the aim of finding suitable practices that could be used for the work of experts in the Czech Republic. The thesis also includes proposals for suitable measures that can contribute to the development of expert activities in the Czech Republic, focusing on solving problems related to the determination of the exchange value of immovable property. This analysis includes the analysis of real estate types that are subject to assessment in the given area, approaches to solving valuation problems, methods that are used in valuing immovable assets, entities that are authorized to submit expert opinions, as well as content requirements of expert opinions.
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Analysis of a Suitable Use of a Sports Centre in Brno - Líšeň
Autrata, Tomáš ; Hrubanová, Michaela (referee) ; Hlavinková, Vítězslava (advisor)
The main objective of this diploma thesis is assessment of a sports centre according to a favourableness of adaptation to a different forms of utilization. The particular subject assessed is badminton sports centre located at Úlehlova street in Brno. First of all the current state of the sports centre is described and assessed by using valuation methods. Subsequently various possibilities of adaptation to different forms of utilization are determined according to a popularity of indoor sports, expensiveness, technical feasibility and analysis of a real estate market. Each variant is valued by cost, income and sales comparison approach. Eventually the favourableness of each variant is considered and the most favourable one is chosen
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VALUATION METHODOLOGY PARTS AND ACCESSORIES OF ESTATES WITH EMPHASIS ON A DIFFERENCE BETWEEN EXTERNAL WORKS AND ENGINEERING STRUCTURE
Vidovičová, Ivana ; Superatová, Alena (referee) ; Hanák, Jakub (referee) ; Bradáč, Albert (advisor)
The dissertation deals with problems in the valuation of parts and accessories of land with an emphasis on the difference between landscaping and engineering structure. Despite the existence of defined components and accessories immovable in the Civil Code in practice often appear doubts about whether in a particular case is still part of the real property, or whether it is already a matter of self. The work addresses this issue in detail only for roads, drainages and retaining walls. There were studied various laws and the earlier Court decisions. The Court judicature often solves problems of ownership determination. Can be seen as an example: Determining ownership of the rock, that is formed by hardening the land surface rocks and planting permanent crops. Whether the owner of the land owner or the person who built it. Likewise, there are disputes to determine ownership of utility connections, ownership structures, which are kept below the surface of the land. Based on the new Civil Code no. 89/2012 Coll. there has been extensive changes in the field of things and their allocation. There is a new concept existing, instead of the current concept of property. There is existing a new concept called Real property. A very important change is that the engineering structures are parts of the land, but based on the § 509 utilities, especially water, sewer or power lines or other, are not parts of the land. It is believed that parts of the utilities are also buildings and technical equipment that is connected to them operationally. Also important is the § 3055 para. (1): Engineering structure which is connected to the ground with a solid foundation, which is under the existing legislation part of the land on which it is established, and the effective date of this Act, owned by a person different from the owner of the land, and the bottom the entry into force of this Act does not become part of the land and immovable property. The same applies to the building, which is co-owned, if one of the joint owners and the owner of the land or if they are just some of venturers building co-owners of the land. The author presents the general specifics valuation external works and civil engineering in selected cases and the valuation of construction law. Work includes a chronological overview of valuation rules.
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Impact analysis of location on the market value of houses in Brno and the surroundings
Gottvald, Aleš ; Hlavinková, Vítězslava (referee) ; Hrubanová, Michaela (advisor)
This Thesis examines the valuation of five family houses in Brno and neighbouring areas. The theoretical part of the paper defines a number of approaches to real estate valuation as well as some key terms and concepts linked to it. The applied part focuses on valuation of the aforementioned family houses by using a range of methods; Cost, comparative and direct comparison. Based on these results a usual price is then set. Based on the estimates of respective prices an analysis of the effect of area on the usual price of a property was conducted.
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Exemption of Supply of Selected Immovable Property from Value Added Tax
Sejkora, Tomáš ; Kohajda, Michael (advisor) ; Boháč, Radim (referee)
- 133 - Abstract The thesis is focused on the legal regulation on the exemption of the supply of selected immovable property from VAT without deductibility of the VAT paid at the preceding stage. The main aim of the thesis is to analyze the so called best practice in the field of VAT. This aim shall be reached by the analysis of the relevant Czech and European Union legislation governing the VAT. The thesis was created with the use of analysis, synthesis, comparative tax law and description as the methods of scientific work. The definition of the purpose of the supply of a building or of a land on which a building stands pursuant to the directive on VAT could be found as the first result of the research. The VAT legislation of the EU Member States shall be interpreted with the use of this definition and the systematic interpretative method. The second result of this thesis is the interpretation of the Czech legal terms in accordance to the EU. legislation. It is necessary to admit that the Czech legal terms in the Act on VAT originate from the Czech private law legislation but their particular meaning in the Act on VAT differs. The third result of this thesis is an assessment whether the relevant provisions of the Czech Act on VAT are in concordance with the EU legislation. The author concluded that such...
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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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Dissolution and settlement of co-ownership of immovable property
Dušková, Barbora ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Dissolution and settlement of co-ownership of immovable property Abstract The thesis aims to interpret and analyse the current legal regulation of the dissolution and settlement of co-ownership with application to immovable property in context of the relevant case law of the Supreme Court. The thesis focuses on the immovable property because the (generally regulated) institution of dissolution and settlement of co-ownership is used in practice mainly in relation to immovable property. Concerning legal grounds which can be applied by law when the co-ownership is being dissolved and settled, the attention is mainly paid to court decision. However, the second legal ground, the agreement on the dissolution and settlement of the co-ownership, which is (following the principle of autonomy of will) the preferred legal basis for the dissolution and settlement of the co-ownership, is not overlooked. Of the various ways of judicial settling the co-ownership, the thesis places the most significant emphasis on the actual division of the immovable property (into two or more separate parts). However, the other ways of judicial settling the co-ownership, namely the division of the immovable property into units, the transfer of the immovable property to one or several co-owners and the ordering of the sale of the immovable...
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