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Servitudes
MAREŠOVÁ, Miroslava
Submitted bachelor thesis deals with easements, especially with servitudes. This is a right in rem to things someone else's and this is one of the forms of restriction of property rights. The very word easement tells us that the matter should serve someone other than the owner of a thing. This limitation is mostly used for lands and buildings. This thesis contains the legislation of the New Civil Code, which is valid from 1st January 2014. The New Civil Code returns to the previous legislation of servitudes. Its history goes back to the Roman law. The Code of XII boards contained first mention associated with adjustment path. The next chapter is focused on analyzing the real estate agencies in České Budějovice. The aim of the bachelor thesis is to determine whether real estate agents use the legal institute of servitude and whether it is convenient for them or not.
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Limitations of Real Property Rights in Private Interest
Platil, Oldřich ; Šustek, Petr (advisor) ; Thöndel, Alexandr (referee)
This thesis deals with determination of institutes that interfere with inalienability of title. By method of teleological interpretation it holds forth easement from a perspective of modification of the Act No 89/2012 Sb., Civil Code and relevant acts such as the Act No. 256/2013 Sb. on Land Register, including regulations. The introduction of the thesis deals with public register and the author explains known or newly-established legal principles of operation of the Public Register. The main part of the thesis analyses the methods of limitation of title to real property in private interest, that are all limiting institutes that are subject to entry in public register (Czech term intabulace, i.e. recording of title into the Land Register) and that arise by two- and multilateral consensual act. Emphasised are re-established institutes that after more than fifty years have returned back into legal order, such as right of superficies, real burdens or problems of renewing the principle superficies solo cedit, but also the most important changes in the field of already known securing instruments, pledge and pre-emptive right including various judicial decisions, in particular assessment of problematic issues connected with recodification and their carrying into effect. Neither language opacity nor some...
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Legal regime applicable to land in the protected areas and protective zones
Hrazdilová, Dana ; Žákovská, Karolina (advisor) ; Stejskal, Vojtěch (referee)
Legal regime applicable to land in the protected areas and protective zones The aim of my thesis is to analyse the legal regime, which is applied to the protected areas and protective zones. Both institutes can be grouped among the environment protection instruments. They are also applied to the protection of other objects (e.g., water mains, cultural monuments, electric communications), especially they are applied to the protected areas. They are universal instruments because they are used in various branches of law. To achieve the objective, which is to establish the protected areas and protective zones, limitation of property rights to the respective immovables happen. The level of regulation is not always the same. Particular limitations are various and they are contained either directly in a respective act or in a regulation, which establishes a protected area or protective zone, or they are mentioned in both legal enactments. They can be formed as restrictions of particular activities with the possibility of making an exception (there are also absolute restrictions, in this case no exceptions can be made) or as activities, which can be performed only when they are approved by a respective authority. Most often the limitations happen in the field of farming and building activities. In my...
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