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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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Pledge over business enterprise and its part
Zabadal, Michal ; Eichlerová, Kateřina (advisor) ; Josková, Lucie (referee)
This thesis focuses on selected interpretation issues accompanying the particular stages of the existence of a pledge over a business enterprise. First, the thesis provides the basic definition of a business enterprise, with an emphasis on the characteristics relevant for the pledge purposes. In addition to the analysis of its legal definition, the thesis comes to defining the business enterprise as a special kind of a collective asset. The text further focuses on the moment the pledge over the business enterprise is created. It concludes that the pledge over the business enterprise itself, including each individual asset forming it, is created upon constitutive registration in the registry of pledges. The centrepiece of the analysis supporting this conclusion is represented by the concept of a business enterprise as a functional unit, which is dealt with as a such by the law, and not only in connection with the creation of a pledge. The next part of the thesis addresses the consequences of this mode of creation of a pledge for the protection of the good faith of third parties. It comes to the conclusion that, if a third party acquires a right in rem to a particular asset forming the pledged business enterprise, in good faith in the absence of its encumbrance, where the pledge over the business...
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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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Limitations of Real Property Rights in Private Interest
Platil, Oldřich ; Šustek, Petr (advisor) ; Thöndel, Alexandr (referee)
This thesis deals with determination of institutes that interfere with inalienability of title. By method of teleological interpretation it holds forth easement from a perspective of modification of the Act No 89/2012 Sb., Civil Code and relevant acts such as the Act No. 256/2013 Sb. on Land Register, including regulations. The introduction of the thesis deals with public register and the author explains known or newly-established legal principles of operation of the Public Register. The main part of the thesis analyses the methods of limitation of title to real property in private interest, that are all limiting institutes that are subject to entry in public register (Czech term intabulace, i.e. recording of title into the Land Register) and that arise by two- and multilateral consensual act. Emphasised are re-established institutes that after more than fifty years have returned back into legal order, such as right of superficies, real burdens or problems of renewing the principle superficies solo cedit, but also the most important changes in the field of already known securing instruments, pledge and pre-emptive right including various judicial decisions, in particular assessment of problematic issues connected with recodification and their carrying into effect. Neither language opacity nor some...
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