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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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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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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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Housing co-ownership: Comparison of legal regulation of selected institutes in Law No. 72/1994 Coll. and Law No. 89/2012 Coll.
Engelová, Lenka ; Oehm, Jaroslav (advisor) ; Zahradníčková, Marie (referee)
After nearly a decade of efforts the work on the New Civil Code (NCC) was crowned. New Civil Law was published in the Collection of Laws as Law No. 89/2012 Coll. and its efficiency is determined for 1st January 2014. In the conclusion of the work the regulation of housing ownership was incorporated into NCC. Previously the separate Law No. 72/1994 Coll. has been reserved for this regulation and this condition was envisaged for the period of effectiveness of NCC. The chosen topic "Housing co-ownership: Comparison of legal regulation of selected institutes in Law No. 72/1994 Coll. and Law No. 89/2012 Coll." responds to the upcoming legislative changes. The thesis is composed of three parts, each of them dealing with different aspects, that are internally divided into sections and subsections. The first part is devoted to theoretical issues of housing ownership in the two compared regulations. The historical development of housing ownership, separate theoretical concepts, including subordination of regulations to a specific concept of the housing ownership institute, are briefly mentioned. In a separate chapter, starting points, the concept and the legal definition of "Housing co-ownership" as an institute of the New Civil Code are outlined. A detailed comparison of the two regulations in terms of the...
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