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Right of Superficies in the Context of Valuation
Špičák, Ondřej ; Doležalová, Monika (referee) ; Hlavinková, Vítězslava (advisor)
The master thesis "Right of Superficies in the Context of Valuation" deals with an analysis of institute of the right of superficies as defined in Sec. 1240-1256 of the Civil Code as an exception to the principle of superficies solo cedit which allows to build a building on or under land of another owner without this building becoming part of this land. The thesis deals with the current legal regulation of this institute but it contains a historical excursion into the previous legal regulations governing the right of superficies on the territory of the Czech Republic as well. Second part of the thesis deals with an issue of valuation of the right of superficies, both according to the Property Valuation Act and the Valuation Decree, as well as market valuation. The final part of the thesis contains a model valuation of a selected right of superficies according to the valuation legislation, including the interpretation of the findings.
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ASPECTS APPRAISEMENT LAW BUILDING
Adámek, Jiří ; Scholzová, Vlasta (referee) ; Telec, Ivo (referee) ; Weigel, Lubomír (advisor)
Dissertation work deals problems Law Of Building in relations to new Civil Code No. 89/2012 Sb. (NOZ - new Civil Code) Legal regulations are for all new and rather are in common level. Supplying present, more than 40 years old Civil Code new recipe, presents revolutionary changes in civil right. NCC starting from the another ideological, political and terminological bases. With new Civil Code loom incomming new questions: What will real property and what will no. What kind of law is possible newly to real property to establish. How will new property owners limited. Important is appreciate, that by the new Civil Code was cancelled current Civil Code, so and current Business Code too. New legal regulations cancelles more than 238 law regulations. All the law, which affected law relations to real property are cancelled. Contribution is solving the problems and summaries the cases, where would had Building Law to do. Result of the dissertation work is:
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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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Settlement of property relations in buildings on a foreign land according to current legislation.
Obůrka, Daniel ; Šmahel, Milan (referee) ; Hlavinková, Vítězslava (advisor)
This thesis describes the environmental former emergency colonies (settlements) Kamenná čtvrť, the highlights of some local issues, among which the property buildings on a foreign land are also included. It identifies the possibility of legislative relations between the owner of the house and the different landowner, which is the municipality Brno. The author chooses one family house, in which he describes its genesis and develops the issue more thoroughly. Subsequently, the house and the land beneath it were valued according to valuation rules in different valuation methods which are comparative method and cost method. A secondary aim was to determine the market value (the usual price) of this house without the land and try to map out (realization) process of purchasing the land under the property from the municipality of Brno.
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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...
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Legal principle of superficies solo cedit and its significance in land law
Humenná, Katarína ; Franková, Martina (advisor) ; Žákovská, Karolina (referee)
The topic of the diploma thesis is the legal principle superficies solo cedit and its return into the Czech law. The main aim of this thesis was to give a comprehensive view of this issue, especially how the return of the principle has changed land law relations. The first part of the thesis describe the division of the law to private law and public law. The first part is followed by the historical excursion which describes how the principle originated and how and whether it was part of the legal order in the past. The next chapters of the thesis are the main part of the work and describes the principle in todays law. Firstly the incorporation of the principle into the Civil Code is described and then individual paragraphs governing the principle follows. The definition of the basic terms as land, construction and temporary construction which are used by Civil Code but not described in it are the topic of next chapter. Next, relatively extensive chapter named line constructions describes exceptions to the principle. The basic definition of exceptions can be found in the Civil Code but more detailed regulation is contained in public acts, therefore private and public law is intertwined in this area. Easements to real estate, historical development of its legislation and today's legislation in this...
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The institution of superficiary right of building in the private law restatement in the Czech Republic
Tichý, Luděk ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
The Institute of the Right to Build in the Context of the Recodification of Private Law in the Czech Republic Abstract This master thesis is devoted to a comprehensive analysis of the legal regulation of the right to build as a legal institute reintroduced into the legal system of the Czech Republic on 1 January 2014 with the entry into force of the Act No. 89/2012 Coll., the Czech Civil Code, including the placing of the right to build in the context of its historical background or its comparison with the corresponding applicable legal regulations of foreign countries, which represent sources of inspiration for the legal regulation in the Czech Republic. The right to build allows, in particular, the construction of a building by the builder on land that is not owned by him, or, in general, allows the builder to have a building on such land. This legal institute represents a special temporary exception of application of the legal principle of superficies solo cedit. The building, which becomes part of the right to build for the duration of the right itself, does not, according to the general rules of law, accrue to the land on which it has been built. In the introductory part, the thesis focuses on a description of the historical legal development of the right to build from its Roman law origins. This is...
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The effect of different ownership of building and land on the "usual value" of real estate
Klampflová, Karolína ; Hlavinková, Vítězslava (referee) ; Vařechová, Martina (advisor)
This diploma thesis deals with issues related to the different ownership of the land and the building standing on it. In the first part, there are described causes of different ownership of land and buildings, methods of solving this problem, and methods by which buildings that are not part of the land can be appraised. Important terms related to the valuation of immovable property, including essential valuation approaches, are also presented here. In the second part of the application, a market analysis is performed and then a selected real estate is appraised using several methods. In the analysis of the achieved results, a comparison of the valuation results is made and the possible causes of the differences in these results are commented on. At the end, the research results are verbally evaluated.
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Valuation of defects in real estate
Šoukalová, Tereza ; Doležalová, Monika (referee) ; Klika, Pavel (advisor)
The aim of this thesis is to describe the basic legal defects on immovable property that in some way affect the right of ownership, use or enjoyment. Furthermore, their influence on the value of the property and its marketability is described. Specifically, easements, liens, construction rights, pre-emption rights, prohibition of alienation and encumbrances, leases, sale of shares, foreclosures, leaseholds, auctions, liens, and permanent residences are mentioned. These defects are categorised according to their effect on the value and marketability of the property. Basic property values and basic valuation methods are also described. Some of the valuation methods are applied to the fictitious case of valuing a house with land that is successively encumbered by a conservation easement, an easement of way in perpetuity, an easement of way in perpetuity, a right of way without an established structure, and finally a right of way with an established structure.
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Right of Superficies in the Context of Valuation
Špičák, Ondřej ; Doležalová, Monika (referee) ; Hlavinková, Vítězslava (advisor)
The master thesis "Right of Superficies in the Context of Valuation" deals with an analysis of institute of the right of superficies as defined in Sec. 1240-1256 of the Civil Code as an exception to the principle of superficies solo cedit which allows to build a building on or under land of another owner without this building becoming part of this land. The thesis deals with the current legal regulation of this institute but it contains a historical excursion into the previous legal regulations governing the right of superficies on the territory of the Czech Republic as well. Second part of the thesis deals with an issue of valuation of the right of superficies, both according to the Property Valuation Act and the Valuation Decree, as well as market valuation. The final part of the thesis contains a model valuation of a selected right of superficies according to the valuation legislation, including the interpretation of the findings.
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