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Private law treatment of transfer and property ownership
Kořán, Jakub ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
Presented diploma thesis discusses private law treatment of transfer and property ownership. The thesis is divided into several chapters corresponding to the legal issues of property ownership and transfer with a special focus on apartments and commercial space. Legal standards related to real estate are very numerous and extensive. Therefore I chose only legal aspects that are relevant to the theme of the thesis. In the introduction I characterize the most important legal concepts of real estate law, using the case law of The Supreme Court in the Czech Republic such as ownership rights, real estate, land, building, residential and commercial space, law accessories, and other things. The second part of my diploma thesis is composed of topics concerning the institute of property ownership, creation and content of the ownership rights with a special focus on residential and commercial premises including the issue of flats in housing co-operatives. The third part of this thesis is dedicated to the transfer of the real estates based on purchase and donation contract. The following chapter I deal with the ownership transfer of residential and commercial premises as units in the house. I focus particularly on the attributes of transfer contracts at the consequences of these transfers to the property...
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Transfer of ownership of flats from the cooperatives to its members
Andresová, Monika ; Oehm, Jaroslav (advisor) ; Liška, Petr (referee)
1 Abstract Transfer of ownership of flats from the cooperatives to its members The aim of this thesis is to analyze the legislative regulation of transfers of ownership of flats from housing cooperatives to their members. This is a hot topic, since there are still many members who have not yet settled legal claims against the housing cooperatives. Attention is paid to the legislation contained in the Act on ownership of flats. In addition, legal regulation in the Transformation Act is mentioned, which introduced legislation on transfer of ownership from housing cooperative to its members. Individual provisions of the Commercial Code, which relates to housing cooperatives legislation, are also being analyzed. The thesis consists of four chapters. The first chapter discusses the formation and development of housing cooperatives, explains its basic principles and mainly characterizes concepts of former housing cooperatives. This introductory chapter also defines the basic terms of the housing cooperatives, such as a cooperative housing and cooperative apartment. The second chapter is interpretation of the contemporary legislation on transfer of ownership of cooperative units. Firstly, the legal protection of a member of a housing cooperative is analyzed in detail. Considerable attention is paid to contractual...
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Contract of Sale in Private Law
Chvátalová, Daniela ; Dvořák, Jan (advisor) ; Salač, Josef (referee) ; Zahradníčková, Marie (referee)
1 ABSTRACT CHVÁTALOVÁ, Daniela: Contract of Sale in Private Law. [Dissertation thesis]. Charles University. Faculty of Law; Department of Civil Law. Tutor: prof. JUDr. Jan Dvořák, CSc., Head of Department of Civil Law, Vice-Dean for the Doctoral Study Programme and Rigorosum Procedure. Level of professional qualification: Ph.D., Praha: PF UK, 2015. Key words: Civil Code No. 40/1964 Sb. Commercial Code No. 53/1991 Sb. Civil Code No. 89/2012 Sb. Principles of civil law. Purchase. Dual regulation. Precontracting negotiations. Offer and acceptance of the offer. Contract of sale. Purchase of personal property. Purchase of real property. Subject of the contract. Superficies solo cedit. Construction is a part of the land. Hardship clause. Purchase price and manner for determining the purchase price. Commercial terms and conditions. Decrease in a purchase price. Unreasonable decrease in the purchase price Laesio enormis. Price clause. Delivery of goods. Seller's delay in delivery of goods. Transfer of title. Rights in case of defective performance. Quality, quantity, type, and package. Rebus sic stantibus clause. Contractual penalty. Cancellation of a contract of sale. Sale of a plant. Advance payment and retainer. Supranational projects. Draft Common Frame of Reference (DCFR). Principles of European Contract Law...
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Legal consequences of purchase agreement compared with French legal regulation
Viková, Ivana ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Abrégé Cette mémoire est consacrée à la problématique des effets du contrat de vente. Son but est de décrire la législation tchèque et française et de souligner les différences les plus importantes entre elles. La mémoire est divisé en 5 chapitres qui sont encore divisés en souschapitres. Dans l'introduction il est évalué le rôle du phénomène mondiale qui est imputable au contrat de vente. Il est aussi souligné la nécessité de sa réglementation dans les systèmes juridiques différents. En plus, il y a la question de l'intérêt a la comparaison de ces deux législations. Dans le premier chapitre on peut trouver la déscription du premier effet du contrat qui a été mentionné dans cette mémoire - le transfert de propriété. D'abord il faut s'y concentrer a la réglementation du transfert dans la loi et puis aux aménagements des parties dans le contrat qui peuvent modifier ou exclure la réglementation légale du transfert de propriété. Le deuxième chapitre est dédié au transfert des risques sur la chose et son relation avec le transfert de propriété. Dans le troisième chapitre il y a le débat sur l'obligation du vendeur de délivrer la chose qui est l'objet du contrat. Le chapitre est divisé en deux parties essentielles qui se préoccupent de l'une part de l'obligation de délivrer la chose et des sanctions conséquentes...
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The transfer of ownership of cooperative apartments
Moravec, Petr ; Zahradníčková, Marie (advisor) ; Štenglová, Ivanka (referee)
The transfer of ownership of cooperative apartments The thesis deals with the issue of the transfer of property of cooperative apartments which is a topic frequently approached due to a large number of members of the cooperatives who still haven't settled their legal claims against the housing cooperatives. The housing cooperatives will keep their importance even with the new civil code being applicable. The purpose of the thesis is to analyze legal regulation concerning transfers of ownership of apartments from the housing cooperatives to their members, concentrating especially on the conditions, fulfilling of which establishes an obligation for the cooperative to conclude the contract with their members in order to transfer the ownership of cooperative units. The thesis also attempts to describe some changes brought into the legal system by the new civil code. The thesis is composed of four chapters which are further divided into subchapters. Chapter One is dedicated to the definition of the essential concepts used in the thesis. Considering the transfer of ownership, it is necessary to denominate the parties of the relationship which are the housing cooperative on one side and the member the housing cooperative, and the subject to the property right or claim - cooperative apartment. Chapter Two...
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Contractual Acquisition of Property
Faltová, Nikola ; Dvořák, Jan (advisor) ; Elischer, David (referee)
This thesis "Contractual acquisition of ownership" deals with the fundamental questions of contractual acquisition of property law in the Czech Civil Code. Some of the parts of the project are comparative. The author takes into account both the older national regulations of contractual acquisition as well as the different approaches in the same field in some foreign legal systems. In the introduction the author highlights the importance of property law (this right forms one of three fundamental pillars of private law - together with "man" and "contract") as well as the possibility to transfer it to another. First chapter shows that - from the general point of view - acquisition of property law as such may be based on a number of different modes. The paper contains an overview of particular modes and its dividing into relevant categories. The acquisition based on contracts is a type of derivative acquisition. Next chapter is devoted to some general questions of contractual transfer of ownership. Some decisive (general and special) legal principles are offered: namely the principle of the autonomy of the will, the principle of the absence of formality of contracts and finally the "nemo dat" principle (nemo dat quod non habet). This part of the project also focuses on the basic conceptual elements of...
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Private law treatment of transfer and property ownership
Kořán, Jakub ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
Presented diploma thesis discusses private law treatment of transfer and property ownership. The thesis is divided into several chapters corresponding to the legal issues of property ownership and transfer with a special focus on apartments and commercial space. Legal standards related to real estate are very numerous and extensive. Therefore I chose only legal aspects that are relevant to the theme of the thesis. In the introduction I characterize the most important legal concepts of real estate law, using the case law of The Supreme Court in the Czech Republic such as ownership rights, real estate, land, building, residential and commercial space, law accessories, and other things. The second part of my diploma thesis is composed of topics concerning the institute of property ownership, creation and content of the ownership rights with a special focus on residential and commercial premises including the issue of flats in housing co-operatives. The third part of this thesis is dedicated to the transfer of the real estates based on purchase and donation contract. The following chapter I deal with the ownership transfer of residential and commercial premises as units in the house. I focus particularly on the attributes of transfer contracts at the consequences of these transfers to the property...
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Transfer of ownership of flats from the cooperatives to its members
Andresová, Monika ; Oehm, Jaroslav (advisor) ; Liška, Petr (referee)
1 Abstract Transfer of ownership of flats from the cooperatives to its members The aim of this thesis is to analyze the legislative regulation of transfers of ownership of flats from housing cooperatives to their members. This is a hot topic, since there are still many members who have not yet settled legal claims against the housing cooperatives. Attention is paid to the legislation contained in the Act on ownership of flats. In addition, legal regulation in the Transformation Act is mentioned, which introduced legislation on transfer of ownership from housing cooperative to its members. Individual provisions of the Commercial Code, which relates to housing cooperatives legislation, are also being analyzed. The thesis consists of four chapters. The first chapter discusses the formation and development of housing cooperatives, explains its basic principles and mainly characterizes concepts of former housing cooperatives. This introductory chapter also defines the basic terms of the housing cooperatives, such as a cooperative housing and cooperative apartment. The second chapter is interpretation of the contemporary legislation on transfer of ownership of cooperative units. Firstly, the legal protection of a member of a housing cooperative is analyzed in detail. Considerable attention is paid to contractual...
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Prevod vlastníckeho práva medzi obchodnými korporáciemi - zmeny v súvislosti s rekodifikaciou súkromného práva
Mitošinka, Michal
Bachelor thesis is focused on impacts of changes in legislation relating to business corporations as business entities in the area of transfer of ownership. The thesis consists of two parts - theoretical and practical. The theoretical part is focused on the study and analysis of literature and scientific approaches to research problems. There is also included a discussion of relevant legislation and its comparison. In the practical part this gained theoretical knowledge is applied to specific examples. At the end of this bachelor thesis are evaluated positive, possibly negative impacts on the efficiency of the company management.
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