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Easements
Nožičková, Dora ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
This thesis deals with easements. The main purpose of this thesis is to comprehensively analyse easements according to the effective legislation, the Act No. 89/2012 Coll., the Civil Code. The thesis works with a wide range of judicial decisions, which are related to the topic. This thesis also describes some problems, which may occur in practice. The thesis is divided into an introductory chapter, six main chapters and conclusion. The introductory chapter covers an introduction of the term easements, its actual importance and role in the society and specifies the goal of my thesis. The first chapter is focused on the theoretical backround of easements, which belongs to the absolute property rights, iure in re alinea. The second chapter provides a historical excursion of easements. First, this chapter describes the origin and the importance of servitutes in Roman law. It is followed by the regulation according to the ABGB 1811. The third chapter concentrates on the regulation of easements according to the Act No. 141/1950 Coll., the Civil Code. This Civil Code was vitally important for the term easements, which appeared in the civil code for the first time. The fourth chapter mentions the development of the institute according to the Act. No 40/1964 Coll. This Civil Code contained a plain...
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The Theory of Roman Law Servitudes
Šejdl, Jan ; Skřejpek, Michal (advisor) ; Bělovský, Petr (referee) ; Židlická, Michaela (referee)
Servitudes represent a fundamental part of private law and legal relations stemming therefrom. Their origins may be traced back to the very beginning of private law as well as to the depth of Roman law. This also characterizes the nature of servitudes in their oldest form which later develops and changes greatly. The thesis answers the fundamental question of the system of Roman law servitudes as well as their place in the overarching Roman law and their inner structure. Additionaly, attention is brougt to the manner of inception and termination of servitudes which differs according to the type of servitude, the geographical area or historical period. Lastly, the thesis focuses on the protection of servitudes, generally the most common concept in Roman law. The protection of servitudes is being achieved either throurgh bringing an action or through instruments of extraordinary magistrates, such as interdicts. Powered by TCPDF (www.tcpdf.org)
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