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Real rights written to the Cadastre
Nippert, Filip ; Šváb,, Tomáš (referee) ; Kutálek, Stanislav (advisor)
The thesis deals with real rights written to the cadastre. It is divided into ten chapters and starts with the definition of real rights and its historical development. Then, it disusses the cadastre as a public list. The thesis also deals with situations, where there is discordance between the real legal relationship and what is registred in the cadastre. The following chapters are devoted to the property rights including their mofications, the right of contruction, trust funds, the easement and lien. The thesis also discusses the cases when the property is used by another person and secondary agreements in the contract. It also contains simple plat maps concerning certain institutes mentioned in this thesis.
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Nabytí nemovitosti s podporou hypotečního úvěru
BLAŽKOVÁ, Lenka
A mortgage loan is the most frequent way of financing the acquisition of real estate. This bachelor thesis deals with the problematics of acquiring a mortgage loan and its exploitation with a focus on the lien. It deals with taxes related to acquiring, owning, and selling real estate. It also describes new legislation, which allowed to postpone repayments within the scope of the legal moratorium. A questionnaire survey was conducted to institutions and users of mortgage loans in the region Pelhřimovsko with the goal of confirming four hypotheses. These hypotheses are focused on mortgage loans and lien connected to them. This questionnaire is focused on these loans during the coronavirus crisis, law during this crisis and it describes the influence of these changes on mortgage loans.
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Share pledge in a corporation
Pašek, Dominik ; Elischer, David (advisor) ; Frinta, Ondřej (referee)
Share pledge in a corporation Abstract The thesis deals with the share pledge in a corporation. In the beginning I analyse the meaning and purpose of the lien. The following section deals with pledgeability of a share in a corporation. Firstly, I discuss the pledgeability of a share as an intangible movable asset that represents a set of rights and obligations arising from participation in a corporation and, further, the share pledge in each type of corporation, including the association and unit owners' association. The different rules for shares depend on whether they are in a form of a security or not. Subsequently, I deal with the formation of a lien, while focusing on the various titles from which the lien can arise and the question of the moment of creation of the lien. I analyse in detail the creation of a consensual lien, i.e. on the basis of a pledge contract. This is followed by the creation of an ex actu lien on the basis of a court's approval of an agreement of the heirs to divide the estate, and on the basis of a tax administrator's decision pursuant to the Tax Code, where I also provide practical information communicated by the General Financial Directorate. Then I analyse the ex lege lien, and I deduce several options where it could theoretically arise. In the part of the work that I consider...
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Dealing with real estate in theory and case law
Postránecká, Romana ; Salač, Josef (referee) ; Pohl, Tomáš (referee)
Nakládání s nemovitostmi v teorii a soudní praxi Romana Postránecká ABSTRACT (EN) This work is dedicated to a selected range of issues concerning the problems of dealing with real estate. The focus of this work is the handling of material rights to real estate; out of the group of laws of obligations the work includes the issue of leasing real estate. The work is divided into seven chapters. The first chapter provides and introduction to the issues and deals with the systematic legal relationships to real estate. The second chapter addresses real estate transfers, in which the focus is on the present development of judicature in regard to the effects upon a third party of withdrawing from a transfer agreement. The third chapter discusses encumbrances and easements, their contents and comparison with public use like an institute of public law. The forth chapter handles the issue of real estate liens, including liens established within the scope of carrying out a court decision or distraint. The fifth chapter looks into leasing real estate, in particular the differentiation of legal regimes by which the lease agreements abide, according to the type of real estate in question. Despite the fact that the effectiveness of the new Civil Code (in the wording signed by the president of the Czech Republic) had been...
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Security interest in relation to insolvency proceedings
Novopacký, Lukáš ; Dvořák, Jan (advisor) ; Elischer, David (referee)
The thesis titled `Security interest in relation to insolvency proceedings' aims to describe the legal institute of lien through its manifestation in insolvency proceedings. It is built on the assumption that the fundamental value of securing a payment of a debt using lien manifests primarily in a scenario when the debtor becomes insolvent and the insolvency proceedings are initiated. Out of all the methods of resolving insolvency present in the Czech legal system this thesis only deals with bankruptcy and it focuses on the lien granted over real estate. Apart from the Introduction and the Conclusion, the thesis is divided into 4 chapters. The first chapter aims to give a general introduction into the law regarding security interests. The second chapter is dedicated to the fundamental principles of law relating to liens outside of the insolvency proceedings. It describes process of granting of a lien and its purpose. The third, essential chapter deals with the execution of a lien in the insolvency proceedings resolving bankruptcy. The main focus is put on the legal position of lienor in the bankruptcy proceedings. The fourh, final chapter presents statistics dealing with insolvency proceedings recovery rate in the Czech republic during the period of 2008-2012.
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Co-ownership and security interest
Žáček, Lukáš ; Hendrychová, Michaela (advisor) ; Lederer, Vít (referee)
1 Co-ownership and lien English abstract The work was devoted to the examination of the specific relationship between two fundamental legal institutes, namely co-ownership and a lien, whereas the results of this work brought new findings in this area. The aim of this work was twofold. First aim was to find out whether there are arguments supporting common claim that an ideal co-ownership share may be the subject of a lien. Second aim was to examine whether a lien to a thing that is subject to co-ownership and a lien to an ideal co-ownership share regarding the same thing can exist next to each other at the same time and, if so, how those liens affect each other. In order to explain the problems addressed by this work and to find a solution to both problems, the valid legal regulation was interpreted by use of the linguistic, logical, comparative, systematic, teleological and historical method. This interpretation was further supported by the analysis of opinions expressed in relation to the partial points of the problem addressed, both in case law and in the literature. These opinions were also compared to each other in order to determine which of them would work best in the simulation of an argumentative exchange. However, the opinions expressed so far have proved to be insufficient to address either of...
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Development of Lien in Czech countries
Kopáček, Jakub ; Bělovský, Petr (advisor) ; Šejdl, Jan (referee)
1 Development of Lien in Czech Countries Abstract The diploma thesis examines the development of lien in the Czech countries. The first part is focused on the theoretical description of the laws of lien from the point of view of today's legal theory. The theoretical description shall help the reader with better orientation and understanding of the basic principles of the lien, which developments are examined in the following parts. One of the main goals of the diploma thesis in the second part is to describe the development of lien, using the description method. The development of lien is described from its beginnings in Roman law which fundamentally shaped the next development of lien, through the Middle Ages, where the laws of lien were partly fragmented, until current legislation which mostly follows the Roman law heritage. In the second part of the diploma thesis, the main emphasis is placed on the development of lien after the year 1811, where are also considered the significant social and economic events in the history of the Czech countries, which visibly shaped the forms of lien. The obtained data are further used in the third part of the diploma thesis for the comparison of the three main Czech civil law codes, namely Act No. 946/1811 Coll., the General Civil Code, Act No. 40/1964 Coll., the Civil...
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Share pledge in a corporation
Pašek, Dominik ; Elischer, David (advisor) ; Frinta, Ondřej (referee)
Share pledge in a corporation Abstract The thesis deals with the share pledge in a corporation. In the beginning I analyse the meaning and purpose of the lien. The following section deals with pledgeability of a share in a corporation. Firstly, I discuss the pledgeability of a share as an intangible movable asset that represents a set of rights and obligations arising from participation in a corporation and, further, the share pledge in each type of corporation, including the association and unit owners' association. The different rules for shares depend on whether they are in a form of a security or not. Subsequently, I deal with the formation of a lien, while focusing on the various titles from which the lien can arise and the question of the moment of creation of the lien. I analyse in detail the creation of a consensual lien, i.e. on the basis of a pledge contract. This is followed by the creation of an ex actu lien on the basis of a court's approval of an agreement of the heirs to divide the estate, and on the basis of a tax administrator's decision pursuant to the Tax Code, where I also provide practical information communicated by the General Financial Directorate. Then I analyse the ex lege lien, and I deduce several options where it could theoretically arise. In the part of the work that I consider...
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Law of lien in historical retrospection (especially in real estate matters)
Dušek, Petr ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Law of lien in historical retrospection (especially in real estate matters) Abstract The diploma thesis deals with the historical development of the lien law. The introduction to the issue is devoted to the roman law concept of lien law, as a basic principle of its later formation in central Europe and also in the territory of Bohemia. The following text deals with the right of lien in central Europe from the earliest times to its modification influenced by the reception of roman law with the brief excursion to the reception of roman law. At this point, the reader can recognize a very similar, but somewhat independent, development of lien in central Europe and roman law at the beginning of its development and its stagnation in central Europe. It follows a more detailed analysis of the lien in the Czech lands until the beginning of the 19. th century when the modern civil code of the AGBG began to apply to the territory of most of the Habsburg monarchy (Cislaitania). Subsequently the author of the thesis focuses on the legal regulation of pledge law contained in the AGBG, and also by the draft civil code of 1937 to replace the AGBG. The legal regulation of lien was split into AGBG in several parts of the code, the 1937 proposal corrected this deficiency and made the whole regulation of lien easier to...
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Real rights written to the Cadastre
Nippert, Filip ; Šváb,, Tomáš (referee) ; Kutálek, Stanislav (advisor)
The thesis deals with real rights written to the cadastre. It is divided into ten chapters and starts with the definition of real rights and its historical development. Then, it disusses the cadastre as a public list. The thesis also deals with situations, where there is discordance between the real legal relationship and what is registred in the cadastre. The following chapters are devoted to the property rights including their mofications, the right of contruction, trust funds, the easement and lien. The thesis also discusses the cases when the property is used by another person and secondary agreements in the contract. It also contains simple plat maps concerning certain institutes mentioned in this thesis.
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