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Servitudes in the Roman Law and in the new Civil Code
Heide-Hermann, Tomáš ; Bělovský, Petr (advisor) ; Falada, David (referee)
The subject of this thesis is a comparison of the provisions of the new Czech Civil Code (Law No. 89/2012 Coll.) concernig servitudes with the selected sources of th Roman law, esp. with the Digest or Pandects of Justinian, with Institutes of Justinian and Institutes of Gaius. If it seems suitable, other national civil codifications, which were influenced by the Roman law, were taken into account. The relevant rules of Roman law are selected, quoted and translated in Czech language (using not only Latin original, but also English and French translations) and set against contemporary law. In each case shall be found out what differences exist between contemporary and Roman law and what can be considered as consistent with Roman law, what can be seen as partly agreeing and what is laid down in a different manner. By means of this approach, the most important questions related to the servitudes and property rights are covered and to the provisions of new Civil Code are assesed as a whole.
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Servitudes in the Roman Law and in the new Civil Code
Heide-Hermann, Tomáš ; Bělovský, Petr (advisor) ; Falada, David (referee)
The subject of this thesis is a comparison of the provisions of the new Czech Civil Code (Law No. 89/2012 Coll.) concernig servitudes with the selected sources of th Roman law, esp. with the Digest or Pandects of Justinian, with Institutes of Justinian and Institutes of Gaius. If it seems suitable, other national civil codifications, which were influenced by the Roman law, were taken into account. The relevant rules of Roman law are selected, quoted and translated in Czech language (using not only Latin original, but also English and French translations) and set against contemporary law. In each case shall be found out what differences exist between contemporary and Roman law and what can be considered as consistent with Roman law, what can be seen as partly agreeing and what is laid down in a different manner. By means of this approach, the most important questions related to the servitudes and property rights are covered and to the provisions of new Civil Code are assesed as a whole.
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