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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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Institute of Right to Build in Czech and German Law
Švecová, Kateřina ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
Institute of Right to Build in Czech and German Law The thesis deals with the topic of the institute of right to build in Czech and German law. The elementary aim of the thesis is to describe the legal institute of right to build, not only in the Czech legal system, but also in the German legal system. The right to build is an absolute property right with effect erga omnes. It belongs into a group of rights, which privileges one to use a thing of someone else. The statute declares the right to build to be real property. On the ground of the right to build arises the right of the builder to have a building on the surface or under the surface of the encumbered piece of land. The right to build is always limited through a set period of time, it should not be created for longer than 99 years. The typical features of the right to build are alienability and inheritability. The content of this thesis is divided into four chapters. The nature of right to build, as a right, which privileges one to use the thing of someone else, is described in the first chapter. There are also descriptions of the basic legal terms associated with the right to build. The chapter describes the terms 'building' and 'builder' as well as the principle of superficies solo cedit. The second chapter is dedicated to the history of...
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Right to build in taxes and accounting
Koníčková, Markéta ; Šindelář, Michal (advisor) ; Molín, Jan (referee)
This bachelor thesis discusses the legal institute of right to build, which has been reintroduced into our lives by Act 89/2012 Coll, Civil Code, and which is related to a wide number of changes, not only in private law. The thesis firstly introduces the right to build from the point of view of the Civil Code, which characterizes and explains its use in private relations. Further on the thesis explains the effect which the institute has in tax and accounting, therefore, in public law. The thesis introduces the way of accounting about the institute, which taxes is it subject to and it also presents the issues that arise from the specificity of the institute.
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