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The prescription of the ownership rigt
Škráčková, Kateřina ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
This diploma thesis is devoted to the topic of acquiring the right of ownership by prescription (usucaption). The purpose of my thesis is to analyse one of the oldest institutes of the civil law and to clarify its significance in the Czech Law. The content of the thesis is divided into five chapters. A brief introduction is followed by the chapter one, where I have defined some basic concepts, which are related to usucaption and in the conclusion of this chapter I have also defined the term "usucaption" as such. The second chapter is a historical excursion describing the principal periods of the development of the usucaption institute from the Roman law through the Common Civil Code until nowadays. The main part of the thesis is chapter three, which is divided in four subchapters named after the particular presumptions of usucaption. In this headstone of the thesis I on the first place focus on the institute of lawful possession, within which I explain the issue of consideration of a good faith, an excusable mistake and admissibility of the lawful possession so-called "contra tabulas". The second subchapter explains, which subjects of the Civil law are qualified for usucaption and which are, or in the past were, diqualified from usucaption. This part is followed by a investigation of the capacity of movable...
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Usucaption in the Context of the Civil Law Recodification
Horký, Jakub ; Salač, Josef (advisor) ; Frinta, Ondřej (referee)
Usucaption in the Context of the Civil Law Recodification This master thesis analyzes the concept of usucaption in the context of the recodification of civil law. Its aim is to describe this institute both in its historical context and in the current legislation. It also aims to compare these codifications with each other and try to resolve some of unclear points of interpretation. Usucaption is a legal concept pursuing harmonization of possession as a de facto state with ownership as a legal status, after a specified period of time expires. It is a traditional civil law concept, however it is still relevant today. The master thesis analyzes significant changes in relation to the concept of usucaption, which were introduced by the Czech Civil Code No. 89/2012 Coll. The thesis begins with an introduction, then it proceeds with four main chapters, which are further subdivided into subchapters, and it ends with a conclusion. In the first chapter, I lay out general definitions which are fundamental to the following analysis, namely, I provide a definition of possession, detention and usucaption itself. The second chapter introduces the historical background, starting with a brief description of the concept of usucaption in Roman law, continuing with the codification of usucaption provided by ABGB and...
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Protection of the environment and the right of ownership
Vycpálková, Veronika ; Žákovská, Karolina (advisor) ; Drobník, Jaroslav (referee)
The purpose of my thesis is to analyse current legislation in the Czech Republic regarding the relation of the protection of the environment and the right of ownership, focusing in particular on the most recent and most controversial issues. A further part of the analysis examines whether the right of ownership actually aids sustainable development of the environment and environmental protection. The changes which entail private recodification are highlighted for affected fields. The methodology is primarily critical analysis of current legislation, including relevant case laws and practical examples. The reason for choosing this subject of research is its topicality, the interest in the protection of environment and expectation of a dynamic development of these issues in the future. The thesis is composed of four chapters. The first two chapters form the theoretical basis required for the subsequent analysis. In relevant areas there are always parts of the interpretation which look at the new Civil Code. Chapter One defines terms such as the right of ownership, the environment and the protection of environment. The subsequent part gives a list of the relevant sources of law that govern the relationship between the right of ownership and the environment, both international and national. Chapter Two...
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The prescription of the ownership rigt
Škráčková, Kateřina ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
This diploma thesis is devoted to the topic of acquiring the right of ownership by prescription (usucaption). The purpose of my thesis is to analyse one of the oldest institutes of the civil law and to clarify its significance in the Czech Law. The content of the thesis is divided into five chapters. A brief introduction is followed by the chapter one, where I have defined some basic concepts, which are related to usucaption and in the conclusion of this chapter I have also defined the term "usucaption" as such. The second chapter is a historical excursion describing the principal periods of the development of the usucaption institute from the Roman law through the Common Civil Code until nowadays. The main part of the thesis is chapter three, which is divided in four subchapters named after the particular presumptions of usucaption. In this headstone of the thesis I on the first place focus on the institute of lawful possession, within which I explain the issue of consideration of a good faith, an excusable mistake and admissibility of the lawful possession so-called "contra tabulas". The second subchapter explains, which subjects of the Civil law are qualified for usucaption and which are, or in the past were, diqualified from usucaption. This part is followed by a investigation of the capacity of movable...
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The protection of acquisition of ownership of things in good faith: Study 5.304
Syllová, Jindřiška
Vlastnické právo k věci (movité i nemovité) vzniká převodem práva (kupní smlouvou či jinak) jen tehdy, pokud převodci (zciziteli) vlastnické právo k téže věci v době převodu svědčilo. Uplatňuje se tak zásada „nemo plus juris ad alium transfere potest quam ipse habet“ („nikdo nemůže převést na druhého více práv než má sám“). Dobrou vírou se obvykle rozumí to, že nabyvatel nevěděl a nemohl vědět (resp. nevěděl i když dodržel péči řádného hospodáře, nebo nevěděl, aniž by se dopustil hrubé nedbalosti – podle modelů, které jsou popsány dále), že věc není ve vlastnictví zcizitele (prodávajícího). Dále jsou rozpracovány i otázky dobré víry v souvislosti s registrem nemovitostí.
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Transaction cost theory
Braunová, Jitka ; Sirůček, Pavel (advisor) ; Džbánková, Zuzana (referee)
This bachelor thesis describes the transaction costs theory as it was found by the economist Ronald H. Coase and his follower Oliver E. Williamson. The Coase Theorem is theoretically analyzed with help of key cases when transaction cost come to existence. Furthermore; cases from practical experience are described in order to help us understand this theory from the customer point of view and how these knowledge can be useful for them and also for managers while creating prices and defining the marketing strategy.
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Donation as a change of ownership rights
Zavacký, Radoslav ; Spirit, Michal (advisor) ; Žák, Květoslav (referee)
Main purpose of the bachelor thesis is to clarify comprehensively the donation as a change of the ownership rights. It explains the preconditions, course and specifics of donation. Further it deals with the rights and obligations of the donor and donee, from their inception to their termination. It deals with the donation contract, regarding its form, basic characteristics and requirements. Also it addresses the question of gift tax. Through the examples from law practice it occupies with issues that arise in connection with request for a refund of the gift. This is followed by considerations de lege ferenda according to the draft of the new Civil Code.
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The Acquisition of Property Ownership by Foreigners
Adensamová, Fay ; Spirit, Michal (advisor) ; Žák, Květoslav (referee)
The conditions of acquisition of domestic (Czech) property ownership by foreigners (both non- and residents) have been changing a lot in the last few years. The biggest changes have been with regards to non-residents and happening in connection with the accession of the Czech Republic to the European Union. The aim of this thesis is to give a comprehensive overview of the development of legislation between 1989 and 2011 which constituted some restrictions to non-residents with regards to acquisition of domestic real estate. The emphasis is put on the changes in 2004 and 2009. An important part of the thesis is to show and draw attention to a more and more frequently occuring fact to which a great part of the final section of the thesis is devoted as the final section deals with a particular case of ownership acquisition.
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