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Residential co-ownership in the light of the amendment to the Civil Code effective from 1st July 2020
Kaplan, Filip ; Salač, Josef (advisor) ; Zvára, Michael (referee)
1 Residential co-ownership in the light of the amendment to the Civil Code effective from 1st July 2020 Abstract In this thesis I deal with the institute of residential co-ownership and the changes brought by Act No. 163/2020 Coll., amending Act No. 89/2012 Coll., the Civil Code, as amended, and other related acts. This amendment to the Civil Code fundamentally interferes with the legal regulation of residential co-ownership, ie also with the provisions concerning an association of unit owners with which I deal mainly in this thesis. For its clarity, the thesis is divided into parts in which I try to systematically present the changes that the above-mentioned amendment to the Civil Code has brought. An important part of the thesis is also a comparison of the changes with the regulation effective before 1st July 2020. In the introduction, I first present the subject of research in general and then in a short historical excursion I approach the development of residential ownership in our territory. In my opinion, the main point is the view into the last century, where co-ownership respectively residential ownership changed the most. In connection with the historical development, it is important to mention the legal principle of superficies solo cedit. This principle, known since the second century AD, has an...
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The flat's co-property in the new civil code
Velas, Michal ; Švestka, Jiří (advisor) ; Šustek, Petr (referee)
This thesis analyzes two issues. In the first, more extensive and more significant issue the author focuses on residency co-ownership in new Civil Code. In comparison with previous legislation, the new one brings slight shift in understanding of this comprehensive legal institute. New Civil Code uses term residency co-ownership instead of flat ownership, thus, apart from securing housing needs, emphasizing house co-ownership. Part of this thesis is dedicated to accessory co-ownership, as special co-ownership legislation, with goal of simplifying common ownership management. Last chapter is dedicated to judicial decisions, enabling reader to gain overview of this topic.
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Co-ownership of a unit - administration of a building and tract of land
Machová, Gabriela ; Salač, Josef (advisor) ; Šustek, Petr (referee)
The Diploma thesis focuses on the current legislation of residential co-ownership, especially of administration of a building and tract of land. Its content is divided into two parts. The aim of the first part of the thesis is to present fundamental interpretation of an institute of residential co-ownership which is one of the types of co-ownership with a large number of specifics. The thesis includes also an outline of its historical development, an analysis of conceptual theories of residential co-ownership and explanation of essential terms of the institute. As one of the most important terms is considered the term unit. For correct understanding the thesis explains also other terms which the legislation of the unit expressly operates with. The relevant examples are the terms flat, commercial premises, building and tract of land and share of a building and tract of land. The first part of the thesis serves to obtain fundamental information about an institution of residential co-ownership and its essential elements that will be used during a deeper research in the second part. The second part of the thesis deals with comprehensive legislation analysis of administration of a building and tract of land. The constituent chapters include a definition of administration of a building and tract of land,...
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Membership in Housing Cooperatives and Issues Surrounding It
Přibylová, Aneta ; Žák, Květoslav (advisor) ; Vondrášek, Václav (referee)
The subject of the thesis is membership in housing cooperatives. At the beginning, the author gives an overview of housing cooperatives' history. The work is then focused on the precise definition of the fundamental concepts of housing cooperatives. Other topics include: joint membership of spouses, settlement of joint ownership of spouses following dissolution of joint membership, close relationship between the performance of the authority of the statutory body and the the housing cooperatives' membership, and settlement of housing cooperatives' membership as a part of inheritance proceedings. The decisions of the Supreme Court are essential to address the identified topics. The objective of the thesis is to analyze the issue of membership in housing cooperatives in the context of the case law and practice in the management of housing cooperatives.
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Association of unit owners and their rights and obligations
Nosková, Zuzana ; Žák, Květoslav (advisor) ; Vodička, Jan (referee)
This bachelor thesis deals with issues related to Association of unit owners. The aim is to provide an overview of what is the legislation of this area, what are the conditions for the establishment of Association and what is its function. The key issue is the definition and clarification of the concept of management of the house. Marginally is mentioned the historical development of Association and also is compared Czech and Slovak definition of the concept of Association of unit owners according to different laws.
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Association of Unit Owners
Koblížková, Hana ; Žák, Květoslav (advisor) ; Spirit, Michal (referee)
This thesis deals with issues of ownership and co-ownership of residential and non-residential premises, particularly with the legal regulation of the association of unit owners. The first chapter describes the association of unit owners as a special type of a legal person, and the procedure of its formation and its liquidation. The second part is devoted to the bodies of the association, to their competencies and decision making. The third and the fourth chapter describe the activity and the economy of the association and the rights and duties of unit owners. Following the results of a survey, the last part of the thesis deals with the functioning of associations of unit owners in real life and with the observance of legislation by associations.
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