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Legal Regulation of Expropriation for the Construction of Traffic Infrastructure
Šestáková, Romana ; Superatová, Alena (referee) ; Hanák, Jakub (advisor)
This master´s thesis deals with a legal regulation of expropriation for construction of traffic infrastructure. Basic related terms such as ownership, property, a building, public works etc. are defined in the first part. The second part deals with the historic development of expropriation. The third part discusses the purposes and aims of expropriation, the term “public interest” and harmony of the aims and tasks of zoning. A special part is devoted to the expropriating proceedings, the principles of the expropriating proceedings, the participants of the proceedings etc. The last part deals with the possibility of expropriation for the purpose of construction of traffic infrastructure and the specifics related to this issue.
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Protection of property rights and the enviroment
Dub, Ondřej ; Franková, Martina (advisor) ; Stejskal, Vojtěch (referee)
1 Abstract Protection of property rights and the enviroment In this diploma thesis I deal with the relationship between environmental protection and property law. I divide it into four parts. In the first one, I describe the right to property, the limits of the right to property, expropriation for environmental protection, the ownership of individual components of the environment, environmental protection and the conflict between the right to property and the protection of the environment. In it, I deal specifically with the ownership of waters, wildlife, mineral wealth and caves. The second part focuses on the types of restrictions on property rights for environmental protection and their typology. It is a division into internal and external, according to the method of origin and according to the obligations imposed on the addressee. In it, I also define the public and general interest. In the third part, I discuss the limitations for the protection of agricultural land, forest protection, water protection, and the protection of nature and landscape. I deal with the principles of protection of agricultural land and the obligations of the owner in its management, change in the type of agricultural land, forest management, general use of forests, restrictions and prohibitions in forest protection and...
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Limitation of Ownership Rights and Bee Swarm
Peřinka, Jindřich ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
Limitation of Ownership Rights and Bee Swarm Abstract This thesis focuses on the Czech legal regulation of bee swarm rights, primarily contained in Act No. 89/2012 Coll., the Civil Code, and its nature in relation to being one of the specific limitations of ownership rights. The author raises the question of whether it is necessary to explicitly address the issue of bee swarms in the Civil Code, considering that it appears to be a highly casuistic provision. The thesis is divided into five parts, with each part further divided into chapters and, if necessary, subchapters. The first part deals with the general concept of limitations of ownership rights, which are divided into conceptual limitations that establish the basic principles of ownership rights restrictions, and limitations based on specific legal regulations, including neighbour rights, traditionally containing rights related to bee swarms. The second part examines the historical development of legal regulation concerning bee swarms, with an emphasis on the roots of this regulation in Roman law, followed by the regulations contained in the General Civil Code of 1811. Subsequently, the regulation of bee swarm rights during the period of the Civil Code of 1950 and the Civil Code of 1964 is examined. The third part focuses on the foreign legal...
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Servitudes (not only) in real estate development
Fridrichová, Alžběta ; Dvořák, Jan (advisor) ; Zvára, Michael (referee)
This rigorous thesis deals with selected issues of legal regulation of servitudes in real estate development and investment construction. The aim of the thesis is to theoretically elaborate individual problematic aspects of the current regulation in Act No. 89/2012 Coll., The Civil Code (hereinafter only the Civil Code) and on the basis of analysis of valid and historical legal regulations and experience to formulate answers to the given questions, or to suggest the possibility of modifying the current regulation so that it corresponds more closely to the needs of application practice. Apart from the introduction and conclusion, the work is divided into eight chapters. The first chapter provides the reader with an introduction to the topic, characterizes the essence of capital construction and development projects and explains the function of servitudes in this sector. The second chapter defines servitudes as a kind of material rights to a foreign thing, classifies servitudes within the system of civil law institutes and defines them in relation to neighbouring rights. The fourth chapter discusses the various ways of establishing servitudes, especially with regard to the subjects of servitudes, a separate subchapter is devoted to own servitude and other issues related to the content limits of...
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Rights and duties of agricultural land owner
Kuřinová, Pavla ; Drobník, Jaroslav (advisor) ; Franková, Martina (referee)
Rights and obligations of the agricultural land ownership The purpose of my thesis is to make a summary of rights and obligations of the agricultural land ownership, describe and evaluate problems related to status of agricultural land owner. The thesis is composed of seven chapters, each of them allows to come to know aspects of the land ownership. Chapter One generally represents an ownership of the land with accent on a constitutional right, because proprietary right is one of the basic human rights. Because everybody has the right to own property and nobody can be deprived unlawfully of the property. Chapter Two describes historical development of ownership and chapter Third depicts an object of ownership, i.e. agricultural land, thus which means as a component of enviroment and as a production means of a primary human livelihood. Chapter Four defines a land owner, especially state into role of owner and process of restitution and of sale state land. Chapter Five is devoted to rights. This chapter is subdivided into four parts, part one is about tenure, second part about use of agricultural land. Next part is about treatment of land and the last part pays attention to civil action as protection of ownership. Extensively there is described a lease of land. Chapter Six is the principal and incorporates...
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Protection of the environment and the ownership
Ondečková, Veronika ; Franková, Martina (advisor) ; Drobník, Jaroslav (referee)
Protection of environment and ownership The diploma thesis deals with relationship between protection of environment and ownership in legal system of Czech Republic. The thesis is based on complex approach to this matter and tries to cover all aspects of this relationship. Because typical for the relationship between protection of environment and ownership is a mutual collision, the thesis focuses on expressions of the collision in Czech legislation, among them various types of restrictions of the ownership in favour of protection of environment prevail. The diploma thesis analyses restrictions of ownership in the area of protection of wood, nature and landscape, agricultural land and water. In relation to the restrictions of ownership the diploma thesis deals with compensations for these restrictions. At the same time the diploma thesis introduces the ownership as a legal institute that can help to the protection of environment in many ways. Key words: protection of environment, ownership, restrictions of ownership, public interest, compensations 126 2
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The term of "public interest" in relation to the restriction of property rights - a comparison of approach in Czech and German law
Motl, Kryštof ; Wintr, Jan (advisor) ; Tryzna, Jan (referee)
in the English language The term of "public interest" in relation to the restriction of property rights - a comparison of approach in Czech and German law The aim of this diploma thesis is to provide the reader with an insight into the issue of interpretation and application of the vague legal term "public interest", in connection with the restriction of property rights. This diploma thesis compares the approach to this term within the Czech and German legal systems and analyzes the similarities and differences of both approaches. The introduction outlines the motives for creating this thesis. It is stated how the thesis approaches the analysis of the given issue, what sources the thesis uses, why the approach is compared within these two legal systems and what key questions can be expected in this issue. The first part deals with vague legal terms, including the term of "public interest". Furthermore, the approach to this term in the Czech and German legal literature is shown. The doctrine and its development are described in more detail within the German legal literature. The second part of this thesis is focused on the term of property rights and possible ways to limit it within both legal systems. The term "public interest" typically also appears in connection with the restriction of property...
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The ownership right to land and its restriction by underground construction of another owner
Hradilová, Miluše ; Franková, Martina (advisor) ; Damohorský, Milan (referee)
Ownership of Land and Its Limitations by Underground Construction of Another Owner Abstract The thesis deals with the ownership of the land and its potential limitations, which have caused in the existence and operation of another entity's underground structure beneath its surface. The focus of the thesis is on defining the property as a three-dimensional body, focusing attention on the space beneath the Earth's surface, which is the optimum place to house structures providing activities that, due to technical, economic or environmental reasons, are not suitable to be placed and operated on the surface. In order to determine the scope of ownership of the subsurface land, the land is defined as a matter in legal terms and an object of land ownership and the possibility of determining the horizontal boundary of the land on a vertical axis in the direction below the Earth's surface is examined. The thesis encapsulates the current theoretical concepts of property law, constitutional guarantees, content, and internal limits. It also points out the limitations of the landowner by the Institute of Purpose Land Categorization, which aims to achieve optimal land use as a key component of the environment. Subterranean construction is further defined in the thesis and the criteria crucial for determining an...
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The restrictions of the ownership of real property for the purpose of nature and landscape protection
Víšková, Kateřina ; Franková, Martina (advisor) ; Žákovská, Karolina (referee)
The restrictions of the ownership of real property for the purpose of nature and landscape protection Abstract This diploma thesis focuses on restrictions of the ownership of real property for the purpose of nature and landscape protection, which are regulated in Act No. 114/1992 Coll., On nature and landscape protection. The thesis is divided into two parts. The first part focuses on the general bases of the legal regulation of the restriction of the ownership of real property due to nature and landscape protection and contains four chapters. The first chapter defines essential legal institutes. The second chapter contains sources of regulation at international, European and national level. The third chapter discusses generally the conflict of property right with the right to a favourable environment. The fourth chapter deals with individual ways of limiting the property right. The second part discusses specific restrictions on the right to property and is also divided into four chapters. This is the fundamental part of this thesis. The first chapter of this part is devoted to the modification of the subject of property rights to protect nature and landscape. The second chapter deals with the modification of the property rights in terms of disposition limitation. The third chapter divides the individual...
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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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