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Cooperative and non-cooperative ownership of a flat
Nováček, Vladimír ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
The aim of the thesis is to analyse a legal enviroment about the ownership of a flat in various forms. The goal is to provide the reader with advantages and disadvantages of each of that forms. The thesis is composed of five main chapters. First two chapters are devoted to a short summary of both the cooperative and non-cooperative form of ownership of a flat. After the evaluation of existing legislation in historical context, the following text is focused on fundamental and also application-often problematic legal institutes. View of the academic and judicial community is provided as well. Chapter three analyzes the procedure of transformation of a housing stock after the velvet revolution in 1989, when the economic and political situation has significantly changed and all legal relations has to adopt to new times. This chapter explains the legal way of transferring flats from cooperative to non-cooperative ownership and conditions to be fulfilled. Chapter four compares these forms of ownership on the background of major legal institutes and highligts or warns on the other hand about challenges arising in connection with the appropriate form of ownership. In the last main chapter, several amendments on new legislature are critically assessed, pros and cons are described and some thoughts are pointed out...
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Transfers of ownership of flats
Moncmann, Lukáš ; Oehm, Jaroslav (advisor) ; Horáček, Tomáš (referee)
The purpose of this Master's degree (diploma) thesis is to do final review and classification of regulation of transfers of ownership of flats established by act No. 72/1994 Coll. (about ownership of flats) before it will be replaced by act No. 89/2012 Coll. (the new civil code), because now is the last chance to study it as valid and effective. Withal this thesis tries to analyse differences between them, describe changes and new conditions, and find out if the new legislation deals with all issues of this subject matter and possibly come up with a solution of blind spots. The method to achieve this is creating different systematics of describing and categorizing the old statue, and effort to recognize the same complexes in the new statue. Therefore the thesis is composed of four main chapters, each of them dealing with different aspects of transfers of flats. Chapter One is introducing topic of the thesis and topic's history and defines basic terminology used in the thesis, e.g.: flat, building, (residential) unit or common parts of residential building etc. The chapter two, as one of the two most important chapters, concentrates on principles and mechanism of default case of transfer of flat including compulsory elements of its contracts, leaving aside all possible exceptions. This is followed by the...
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Transfers of ownership of flats from the cooperative to its members
Strouhalová Javorková, Zuzana ; Štenglová, Ivanka (advisor) ; Zahradníčková, Marie (referee)
This thesis deals with transfers of flats from housing cooperative to their members. The thesis tries to describe the process of tranfers of cooperative owneship especially regarding is specific aspects which feature and follow these transfers. The thesis is devided into seven chapters. First chapter summarizes basic periods of historical development of flat cooperative. This historical excursion, particularly period after 1945, is important also due to using of some of the terms in following chapters and it is also important for its infuence on following property relationships. Sources of law reflecting issue of transfers of flats from housing cooperative is listed in second chapter. It is not a complete list. It mentiones only the most important ones that regard to flat ownership, rights and obligations necessary fort he transfers, relationship between previous and present legulation. Chapter three contents characteristic of individual subjects of this civil relationship. Most of this chapter dedicated to a member - tenant of housing kooperative. Also this chapter compares previous and present regislation. Specification of housing cooperatives is given in the forth chapter. As well as two previous chapters also this one gives comparison between previous and present legislation. It says the...
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Articles of apartment owners association
Levý, Jan ; Oehm, Jaroslav (advisor) ; Horáček, Tomáš (referee)
THESIS SUMMARY: ARTICLES OF APARTMENT OWNERS ASSOCIATION The thesis deals with the regulation of apartment owners associations in the Czech Republic, in particular, with the articles of association of such legal entity. The paper is divided into three parts. The first part focuses on the Czech statutory regulation (especially The Act on Ownership of Apartments No. 72/1994 of Collection of Laws, and The Government Order No. 371/2004 Coll.) of the apartment owners association in general. There has been provided a short survey of the historical evolution of the ownership of apartments in the world as well as in the Czech Republic and a short depiction of the approaches on apartment ownership models - Anglo-Saxon-French and German Models. Greater attention in the first part is given then to the legal entity of apartment owners association. It examines the foundation and dismissal of the association, its legal capacity (and limits given by law), the membership in such association, and its bodies - assembly, statutory body, and other optional bodies. The second part is devoted to the articles. It is always necessary to examine the articles in light of the current legislation, which greatly affects the content of the articles. In the beginning of the second part, short characteristics of the articles is given,...
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Evaluation of condominium legislation
Koc, Petr ; Zvára, Michael (referee)
Evaluation of condominium legislation Abstract This diploma thesis deals with evaluation of current status of condominium legislation, as it is present in Civil code, its implementing government decree, apartment ownership act and other related legislation. The thesis focuses on evaluation whether the current state is usable by general public, that is by people not equipped with legal education and without the knowledge of related case law, as well as on pointing out the application difficulties that result from unclear or impractical settings in some areas. Such application difficulties are documented by discussions and faulty acts of public administration. The first main topic is division of single object of ownership - the house to individual objects - units. This part deals with the two parallel definitions of units, their mutual differences, questions related to ownership of some parts of the house. Following is the part dealing with common parts, including the question if some parts can be owned by only some of the co-owners of the house, and the question of what is the regime of land around the house. The second main topic addressed is the rights and obligations of unit owner and the way common parts are managed. This part discusses the lack of clarity in the possibility to use common parts and...
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Apartment ownership
Winkel, Ludmila ; Dvořák, Jan (advisor) ; Thöndel, Alexandr (referee)
APARTMENT OWNERSHIP ABSTRACT The general aim of this work is to provide a comprehensive overview of fragmented and inconsistent current and older case law and expert opinions on individual aspects of the topic of apartment ownership and to evaluate the situation comprehensively in the light of individual, often completely different opinions. On the way to fulfilling the set goal (i) individual theoretical concepts of apartment ownership were explained; (ii) an analysis of historical development of legal regulation of apartment ownership in the territory of Czech lands was performed (for the application of the historical and teleological interpretive method of today's relevant legal regulations of this matter); (iii) an overview of individual aspects related to the matter of apartment ownership, including its basic concepts, was provided; a comprehensive analysis of which was performed. The concept of apartment ownership has changed a lot over time throughout Europe, as well as in the territory of Czech lands. These changes have always been closely linked to economic development and the political situation. Act No. 52/1966 Coll., The Personal Ownership Act, can be considered the first modern legal regulation of apartment ownership in our territory. Historical development in Czechoslovakia in the 1960s and...
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Evaluation of condominium legislation
Koc, Petr ; Šustek, Petr (advisor) ; Salač, Josef (referee)
Evaluation of condominium legislation Abstract This diploma thesis deals with evaluation of current status of condominium legislation, as it is present in Civil code, its implementing government decree, apartment ownership act and other related legislation. The thesis focuses on evaluation whether the current state is usable by general public, that is by people not equipped with legal education and without the knowledge of related case law, as well as on pointing out the application difficulties that result from unclear or impractical settings in some areas. Such application difficulties are documented by discussions and faulty acts of public administration. The first main topic is division of single object of ownership - the house to individual objects - units. This part deals with the two parallel definitions of units, their mutual differences, questions related to ownership of some parts of the house. Following is the part dealing with common parts, including the question if some parts can be owned by only some of the co-owners of the house, and the question of what is the regime of land around the house. The second main topic addressed is the rights and obligations of unit owner and the way common parts are managed. This part discusses the lack of clarity in the possibility to use common parts and...
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Transfers of ownership of flats from the cooperative to its members
Strouhalová Javorková, Zuzana ; Štenglová, Ivanka (advisor) ; Zahradníčková, Marie (referee)
This thesis deals with transfers of flats from housing cooperative to their members. The thesis tries to describe the process of tranfers of cooperative owneship especially regarding is specific aspects which feature and follow these transfers. The thesis is devided into seven chapters. First chapter summarizes basic periods of historical development of flat cooperative. This historical excursion, particularly period after 1945, is important also due to using of some of the terms in following chapters and it is also important for its infuence on following property relationships. Sources of law reflecting issue of transfers of flats from housing cooperative is listed in second chapter. It is not a complete list. It mentiones only the most important ones that regard to flat ownership, rights and obligations necessary fort he transfers, relationship between previous and present legulation. Chapter three contents characteristic of individual subjects of this civil relationship. Most of this chapter dedicated to a member - tenant of housing kooperative. Also this chapter compares previous and present regislation. Specification of housing cooperatives is given in the forth chapter. As well as two previous chapters also this one gives comparison between previous and present legislation. It says the...
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Ownership of flat, comparison of Czech and Italian legislation
Miškovská, Lucie ; Hendrychová, Michaela (referee) ; Frinta, Ondřej (referee)
The purpose of my thesis is the comparison of Czech and Italian legislation of the ownership of the flats or apartments. The thesis is composed of ten chapters. In all chapters, except the introductive, first the Italian approach is analyzed and subsequently is compared with the Czech approach. Chapter one contains brief introduction. Chapter two is dedicated to the basic terms of Italian legislation which are necessary for understanding of comparative part of the thesis. Chapter three describes the evolution of rules regulating the ownership of the apartments, classifies the current legislation and focuses on the expectation of future development. Following chapter provides the commentary on the terms flat or apartment and housing unit. Regulation concerning the common parts of building is analyzed in chapter five. Chapter six is crucial because focuses on the comparison of SVJ - community of flat owners (as well as the aspects of the ownership of housing unit in Czech legal order) and condominio. The chapter dealing with special cases of administration of the building follows. Chapter eight relates to the bodies responsible for the administration of the building. In the next chapter the process of decision-making relating to the administration of the building is described. Chapter ten deals with rights...
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Ownership of flat, comparison of Czech and Italian legislation
Miškovská, Lucie ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
The purpose of my thesis is the comparison of Czech and Italian legislation of the ownership of the flats or apartments. The thesis is composed of ten chapters. In all chapters, except the introductive, first the Italian approach is analyzed and subsequently is compared with the Czech approach. Chapter one contains brief introduction. Chapter two is dedicated to the basic terms of Italian legislation which are necessary for understanding of comparative part of the thesis. Chapter three describes the evolution of rules regulating the ownership of the apartments, classifies the current legislation and focuses on the expectation of future development. Following chapter provides the commentary on the terms flat or apartment and housing unit. Regulation concerning the common parts of building is analyzed in chapter five. Chapter six is crucial because focuses on the comparison of SVJ - community of flat owners (as well as the aspects of the ownership of housing unit in Czech legal order) and condominio. The chapter dealing with special cases of administration of the building follows. Chapter eight relates to the bodies responsible for the administration of the building. In the next chapter the process of decision-making relating to the administration of the building is described. Chapter ten deals with rights...
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