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Contract for construction
Urban, Daniel ; Zvára, Michael (referee)
Contract for construction Abstract The topic of this thesis is the contract for construction as one of the legal instruments leading to the establishment or change of units in a condominium. The contract for construction is closely related to the concepts of units and condominium ownership, when its use in another legal framework is not possible. This thesis focuses on the legal instrument at a time of resolution of the housing crisis and therefore examines not only theoretical issues, such as the definition of forms of construction, but also practical aspects of the contract, including, for example, the appropriate application of the provisions of the Partnership. The purpose is, among other things, to provide a view on the possibilities of using the contract for construction precisely as part of the solution to the social problem. The issues raised in this thesis are examined from the perspective of the subject matter of the contract for construction, the status of the contracting parties and the content of the contractual obligation. The critical view on the enforced combination of the current legal regulation with the historical regulation of the Appartement Ownership Act is not left aside. An essential part of the interpretation is also the extension, annex and construction alteration of the unit as...
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Flat Co-ownership
Janderová, Kateřina ; Elischer, David (advisor) ; Salač, Josef (referee) ; Dvořák, Tomáš (referee)
The thesis entitled Flat Co-ownership focuses primarily on the selected areas of flat co- ownership under Act No. 89/2012 Coll., The Civil Code. The first chapter of the thesis concerns the genesis and evolution of flat co-ownership in order to outline both the socio-political context of flat co-ownership and issues that occur throughout the whole thesis. The second chapter examines the issue of the principle of superficies solo credit, also known as the superficial principle, which is closely connected to flat co-ownership and its development. The issue of the principle of superficies solo credit is relevant primarily because it is newly introduced in Czech civil law with the entry into force of Act No. 89/2012 Coll., The Civil Code, although this principle dates back Roman law. In the context of flat co-ownership, an important exception to the principle of superficies solo credit is the right to build. Therefore, this chapter also deals with the right to build and with historical development of the right to build and its concept in France and Russia. The chapter concludes with a discussion of the issues arising in connection with the application of the principle of superficies solo credit to flat co-ownership under Act No. 89/2012 Coll., The Civil Code. In the third chapter, we focus on the...
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Flat Owners Association in the Civil Code No. 89/2012 Sb.
Smrž, Ivo ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
The reason why I chose this topic for my master's degree thesis is its currency, which results from the recodification of the Czech civil law. The topic is also interesting and useful. I also live in two Flat Owners Associations (FOA), so it may have influenced my option. The aim of the thesis is to describe and explain the basic institutes of FOA. I put some emphasis on its bodies, while trying not to avoid the interpretative disputable areas. I will be grateful if this thesis helps some FOAs in their everyday problems. The thesis is divided into twelve chapters. After the introductory, theoretical and historical chapters, there follows the fourth chapter, which deals with the two fundamental terms - the administration of the house and the common parts of the realty. The fifth chapter describes FOA as an artificial legal person. It also deals with the founding and establishment of FOA. The next chapter focuses on the articles - the very important instrument for FOA's operation and management. The seventh chapter characterizes the rights and duties of the owners of the flats. The bodies of FOA and the judicial intervention into its decision-making process are analyzed in chapters eight and nine. The task of the tenth chapter is to describe the special form of (the) decision-making of the owners of...
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The right of ownership of a unit and possibilities of its transfer after recodification
Radová, Lucie ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
The right of ownership of a unit and the possibilities of its transfer after recodification This thesis deals with the right of ownership of a unit by the act No. 89/2012 Coll. (the civil code) with emphasis on the possibilities of its transfer. I chose the topic because of great practical importance of the issue and many changes brought by recodification of the civil law. This thesis is based on comparative method - the previous legislation by the act No. 40/1964 Coll. (the civil code) and by the act No. 72/1994 Coll. (about ownership of flats) is compared with current legislation. The main aim of the thesis is to clearly describe the most significant changes in the rules of ownership of a unit and its transfer and to point out the benefit of the new regulation as well as its weaknesses and eventual practical problems. This thesis is composed of eight separate chapters, each of them includes several subsections. First chapter contains an introduction to the issue of the ownership of flats and a brief description of the historical development of ownership of flats in the Czech Republic. Chapter two describes the basic concept of ownership of flats by the repealed legislation, followed by chapter three describing the same basic concept by the new legislation and highlighting the most important...
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Residential co-ownership - common areas
Pospíšek, Tomáš ; Salač, Josef (advisor) ; Zvára, Michael (referee)
Residential co-ownership - common areas Abstract The diploma thesis deals with the legal regulation of residential co-ownership contained in the Civil Code, with an emphasis on the common areas of an immovable thing. The aim of the thesis was to focus and discuss some issues of residential co-ownership, which are not completely clarified and cause interpretation difficulties. As the institute of residential co-ownership is relatively new and constantly evolving, there is indeed a wide range of topics that could be discussed. Therefore, due to the breadth of the topic, the thesis focuses on issues related to common areas. The subject of the thesis is also to shed some light on important changes adopted by the Act No. 163/2020 Coll. The diploma thesis itself is divided into five chapters. The first chapter offers a historical development of the institute of residential co-ownership together with an introduction to general theoretical concepts on which residential co-ownership may be based. The second chapter then describes the institute of residential co-ownership in the Civil Code in general, but above all it defines the basic legal concepts on which the regulation of residential co-ownership is based. In particular, it is a matter of defining the unit and the method of its creation, although this is limited...
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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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Ownership of flats and non-residential premises
Brinda, Pavol ; Thöndel, Alexandr (referee)
The subject of dissertation thesis is description of selected issues of apartment ownership. The thesis analyses in detail the historical development of the institute in the world from antiquity to the modern legal regulations of the 21st century. Particular attention is paid to the historical development of apartment ownership in the territory of today's Czech Republic. In the next part, the author describes the legislative and theoretical concepts of apartment ownership used in various legal systems of Europe. In the light of these foreign legal regulations, author also evaluates the legal construction of apartment ownership introduced by the new Czech Civil Code. After defining apartment ownership and describing its basic features, the author focuses on a detailed analysis of one of the basic elements of this institute - its subject. In this part, the thesis deals mainly with the question how the new Civil Code has defined the unit, the flat and the common parts of the land and building. The author deals in detail with new possibilities in determining the size of co-ownership shares of unit owners on common parts of the land and building. As part of the analysis of the subject of apartment ownership, the author does not just describe existing legislation, but also compares it with the previous...
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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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Duty to provide compensation for harm in housing law
Janderová, Kateřina ; Elischer, David (advisor) ; Dvořák, Jan (referee)
Thesis titled Duty to provide compensation for harm in housing law focuses primarily on the concept of legal and contractual duty to provide compensation for harm under Act No. 89/2012 Coll., The Civil Code, in selected areas of housing law. The first chapter of the thesis is devoted to the introduction to the current terminology, including comparison with previous legislation. This chapter also outlines the evolution of housing law and the interaction of the basic institutes, which are further mingled with particular sectors of housing law. The second chapter concerns the issue of legal and contractual duty to provide compensation for harm in the area of housing co-ownership, with an emphasis on the issue of the purchase contract. The third chapter initially outlines the theoretical issue of housing co-ownership, including theoretical concepts emerging in the first chapter, followed by comparison of housing co-ownership in Russia. Furthermore, this chapter deals both with the topic of house management in ideal co-ownership and the institute of pre-emptive law. The third chapter is followed by a chapter devoted to a special institute of housing co- ownership, the Unit Owners Association. In addition to the Unit Owners Association, this chapter also includes housing cooperatives. The legal 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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