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The protection of land ownership rights against unlawful interference
Frýba, Milan ; Franková, Martina (advisor) ; Humlíčková, Petra (referee)
The thesis deals with the protection of land ownership rights against unlawful interference. The aim of the thesis is to present and analyze interference with land ownership and outline means of protection against unlawful interference. This thesis pays attention to new Civil Code and comparison with current regulation. Thesis also includes relevant decisions issued by the Supreme Court, the Supreme Administrative Court and the Constitutional Court of the Czech Republic with regard to protection of land ownership. The thesis is composed of three main parts. The first part is introductory and defines basic terminology used in the thesis. This part describes land ownership and its specific features. The following part describes and anylyzes what is meant by interference with land ownership. This part ilustrates interference allowed or recognized by law and unlawful interference. The interference with land ownership can be caused by public authority or by other people. This part also explores interference with land ownership within neighbour relations. Special attention is given to interference with ownership regarding entry to land, on the basis of selected legal regulations that are related to land ownership and environmental law. The third part is subdivided into two subparts and provides overview...
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The Ownership Right to Land
Hakrová, Kateřina ; Franková, Martina (advisor) ; Humlíčková, Petra (referee)
The thesis deals with issues relating to the ownership of land, analysing it on two different levels. On the first level, it defines the ownership of the land, particularly its object and subject, and also describes the specific properties of soil, and their manifestations in land property rights and related legislation. On the second level, the work discusses selected institutes in terms of problematic issues that have arisen in connection with the introduction of the Act no. 89/2012 Coll., Civil Code, which has brought into our legal system new institutes or modified to some extent the old ones. The thesis compares the current and the previous legislation and with the aid of the specialized literature seeks to answer the question whether it is possible to perceive these changes positively or whether they are considered rather negative and problematic.
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Acquisition of ownership right to plots
Sojková, Alžběta ; Franková, Martina (advisor) ; Derlich, Stanislav (referee)
Acquisition of ownership right to plots Abstract The topic of this thesis is the problematics of acquisition of the right of ownership of lands. The work is divided into four chapters, which are further divided into subchapters. The first of them focuses on the definition of basic concepts related to the topic of the work, namely land, plot and property rights. The second chapter deals with the specifics of land ownership, among other things through its basic features - subject matter, content and subject. The third and fourth chapters form the very focus of the work. The third chapter deals with the transfer of ownership of land, the definition of basic types of contracts for the transfer of ownership (contract of sale, donation contract and contract of exchange), the problematics of invalidity, putativeness and relative ineffectiveness of the contract on transfer of ownership of land, withdrawal from the contract and its consequences and problematics of review activities within the registration in a Cadastre of Real Estate by cadastral office. The fourth chapter deals with the problematics of the transition of ownership of land and defines the various ways of acquiring ownership in the context of the Civil Code of 1964 and related case law and applicable law of the Civil Code. The work focuses on...
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Land ownership of churches and its particularities
Biznárová, Katarína ; Franková, Martina (advisor) ; Žákovská, Karolina (referee)
Land ownership is specific not only for the unique features of the land but also because it constitutes an extremely important legal institute that affects the existence and functioning of the society. Land ownership is historically inherently connected with the churches and has also been the subject of frequent disputes. The property of churches was also subject to continuous public oversight, which was intensified during the period of the reform of the Josef II, Holy Roman Emperor and subsequently intensified in the course of the 20th century, when numerous limitations of ownership right toward land were made. In this thesis I focus on the specifics of land ownership of churches, their description and historical development. In conclusion of my work I discuss the process of the settlement between Czech state and churches in relation to lands that have been the subject of proprietary wrongdoing and, all on the basis of the long-awaited Act No. 428/2012 Coll., on property settlement with churches and religious societies. Due to my previous work experience at the law firm, where I was able to participate in the assessment of the requests for historically expropriated land and other immovable property applied by authorized persons, I decided to break down the subject matter in my diploma thesis more...
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Land ownership right restrictions resulting from public law in the Czech Republic
Hoch, Jiří ; Drobník, Jaroslav (advisor) ; Průchová, Ivana (referee) ; Žákovská, Karolina (referee)
In the Czech Republic, the same way as it is in other democratic countries, the ownership right is recognized to be one of the fundamental human rights, and it is protected by legislation of a supreme legal force. Along with modern society development and for this reason it becomes more and more restricted. It is a long time ago, when the unlimited legal domain like theory of ownership rights in rem was forsaken. The restrictions are more numerous and intensive in case of land being subject to ownership rights. This results from many differences between land and other subjects of ownership. Limited and definitive land area, the fact that land is not relocatable as well as soil, being one of environmental elements, represent the most important ones. In one line with increasing amount of people on Earth and their increasing requirements on its usage, the land must fill constantly increasing needs for the welfare of increasing amount of people at the same time. The necessity of protection of environmental aspect of land and soil respectively, is still growing. For all those reasons, the restrictions and regulations on land ownership rights are to be put in place. When justified by public interest, the restrictions arise from public law legislation. Key words: land ownership, restriction, public interest
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Land ownership of churches and its particularities
Biznárová, Katarína ; Franková, Martina (advisor) ; Damohorský, Milan (referee)
Land ownership is specific not only for the unique features of the land but also because it constitutes an extremely important legal institute that affects the existence and functioning of the modern human society. Land ownership is historically inherently connected with the churches and has also been the subject of frequent disputes. The property of churches was also subject to continuous public oversight, which was intensified during the period of the reform of the Josef II, Holy Roman Emperor and subsequently intensified in the course of the 20th century, when numerous limitations of ownership right toward land were made. In this thesis I focus on the specifics of land ownership of churches, their description and historical development. In conclusion of my work I discuss the process of the settlement between Czech state and churches in relation to lands that have been the subject of proprietary wrongdoing and, all on the basis of the long-awaited Act No. 428/2012 Coll., on property settlement with churches and religious societies. Due to my previous work experience at the law firm, where I was able to participate in the assessment of the requests for historically expropriated land and other immovable property applied by authorized persons, I decided to break down the subject matter in my diploma...
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The Ownership Right to Land
Hakrová, Kateřina ; Franková, Martina (advisor) ; Humlíčková, Petra (referee)
The thesis deals with issues relating to the ownership of land, analysing it on two different levels. On the first level, it defines the ownership of the land, particularly its object and subject, and also describes the specific properties of soil, and their manifestations in land property rights and related legislation. On the second level, the work discusses selected institutes in terms of problematic issues that have arisen in connection with the introduction of the Act no. 89/2012 Coll., Civil Code, which has brought into our legal system new institutes or modified to some extent the old ones. The thesis compares the current and the previous legislation and with the aid of the specialized literature seeks to answer the question whether it is possible to perceive these changes positively or whether they are considered rather negative and problematic.
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Ownership right to land
Bitomská, Marie ; Franková, Martina (advisor) ; Stejskal, Vojtěch (referee)
This diploma thesis deals with ownership rights to land. Due to change in legislation caused by Act No. 89/2012 Sb., Civil Code, there were many substantial changes in the area of land ownership, which have extensive impact on some of the institutes of this ownership. This thesis deals exactly with these changes and with newly or more precisely repeatedly implemented institutes of land ownership. Whole thesis aims to give some analysis of this institute with main focus on its specifics and differences. This object is fulfilled by general interpretation, which deals with characteristics of land ownership and its specifics and then it analyses some particular institutes of land ownership mainly those which were considerably changed or newly established by the ratification of the present Civil Code. Next to comparison of present and previous Czech legislation the last chapter of this thesis is devoted to comparison of Czech and German legislation.
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The protection of land ownership rights against unlawful interference
Frýba, Milan ; Franková, Martina (advisor) ; Humlíčková, Petra (referee)
The thesis deals with the protection of land ownership rights against unlawful interference. The aim of the thesis is to present and analyze interference with land ownership and outline means of protection against unlawful interference. This thesis pays attention to new Civil Code and comparison with current regulation. Thesis also includes relevant decisions issued by the Supreme Court, the Supreme Administrative Court and the Constitutional Court of the Czech Republic with regard to protection of land ownership. The thesis is composed of three main parts. The first part is introductory and defines basic terminology used in the thesis. This part describes land ownership and its specific features. The following part describes and anylyzes what is meant by interference with land ownership. This part ilustrates interference allowed or recognized by law and unlawful interference. The interference with land ownership can be caused by public authority or by other people. This part also explores interference with land ownership within neighbour relations. Special attention is given to interference with ownership regarding entry to land, on the basis of selected legal regulations that are related to land ownership and environmental law. The third part is subdivided into two subparts and provides overview...
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Development of church land ownership in the Czech republic and in the world
NOVOTNÝ, Marek
This thesis aims to acquaint the reader with the way in which the property originated and also with the subsequent development of this property in a historical context. The text is divided into four chapters. In the first chapter we can find a list of ways how was the church property originated. Next chapter deals with the development of church property on the territory of our country. The third chapter devotes the development of church property in Europe. The last chapter deals with the settlement of property of chosen countries with churches and religious societies.
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