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Usufructuary lease
Kešner, Václav ; Liška, Petr (advisor) ; Horáček, Tomáš (referee)
The main goal of this diploma thesis is to summarize usufructuary lease in accordance to Book Four of the current Civil Code, entitled "Relative property rights", Title II. "Obligations arising from juridical acts", second Chapter "Relinquishing a thing to be used by another" and the fourth Section entitled "Usufructuary lease", which is a separate type, that returns to code of private law after more than sixty years. At the beginning I dealt with circumstances of the return of the old-new Institute and the situation that preceded the efficiency of the Civil Code. Next chapter is devoted to the interpretation of some basic concepts that are not known to general public due to its archaic wording, but their definition is the basis for understanding the relationship between usufructuary lessor and usufructuary lessee. Part of this chapter also describes the thin line between lease and usufructuary lease, that lies mainly in different economic function, thus in fact, that a thing is according to a usufructuary lease contract, relinquished not only for use, but also for enjoyment. Subsequently, the diploma thesis continues with the history of usufructuary lease in the 19th and 20th centuries with an attention to Act no. 847/1811 Coll. a. s., General Civil Code, that was adopted into Czechoslovak legal...
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Rights to use the land
Ševelová, Marie ; Franková, Martina (advisor) ; Stejskal, Vojtěch (referee)
The subject of this thesis is to complexly discuss the rights to use the land. The purpose of this thesis is particulary to analyse the valid legal regulation of the right to use the land after the Civil Code recodification, but for better ceherence we must also discuss the history and development of the rights to use the land that the actual legislation comes from. Pivotal part of the thesis presents the institute of lease the land and emphyteutic lease, while it is just emphyteutic lease, which plays significant role in presented issue. The thesis also informs about another land-use institutes such as commodatum, precarium and fructus a ususfructus of the land. Last part of the thesis is focused on the special legal regulation which is contained out of the Civil Code. The thesis discusses the managment of the state property and restrictions which are contained in several special acts such as Forestry Act or Act on the Protection of Nature and the Landscape.
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Usufructuary right of building and other ways of erecting house on the land of another
Buchar, Jan ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Usufructuary right of building and other ways of erecting house on the land of another The purpose of this thesis is to analyse comprehensively the institute of usufructuary right of building and other ways of erecting house on the land of another. Other legal institutes that can be used to set up home on a foreign land are easements, lease, usufructuary lease, precarious loan and loan for use. The Civil Code, after more than sixty years, is returning to the superficial principle, with which is the usufructuary right of building inherently connected and which represents an exception from that principle. Thesis is divided into four parts. The largest is the first part, which deals with the usufructuary right of building. The second part is devoted to other institutes, which enable the establishment of a house on a foreign land. The third part is the comparison of the usufructuary right of building with other institutes. The fourth part focuses on the usufructuary right of building legislation abroad. The focus of this thesis is in the first part, which consists of nine chapters. The first chapter defines the basic concepts and institutes related to the usufructuary right of building. The second chapter describes the history of the usufructuary right of building. The third to the seventh chapter...
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Usufructuary lease in the light of the New Civil Code
Siebertová, Lucie ; Salač, Josef (advisor) ; Frinta, Ondřej (referee)
The professional thesis at hand is dedicated to the institute of usufructuary lease, which, following a long period of absence, has been incorporated into the Civil Code, i.e., Act No. 89/2012 Coll. Usufructuary lease differs from the related institute of lease, inter alia, by the fact that it is, in its essence, not the mere transfer of the use of an item for temporary use, but also for its utilisation. Usufructuary lease is enacted in Sections 2332 to 2357 of Act No. 89/2012. Coll., the Civil Code. These provisions entail, apart from general ones, also the usufructuary lease of agricultural land and of an enterprise. Under Act No 513/1991 Coll., the Commercial Code, the latter was referred to as the lease of a business. Despite its differences, it has to be said that usufructuary lease and lease share some common traits. This is also the reason that the provisions on lease apply, mutatis mutuandi, to the provisions of usufructuary lease, unless stated otherwise by a specific provision of the law. The introduction of the thesis deals with the historical development of usufructuary lease, as well as with the necessity of a consistent distinction between lease and usufructuary lease. The following chapters analyse the contract on usufructuary lease, the subject matter of usufructuary lease, the...
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The issue of management of properties at selected government departments
Fajfr, Pavel ; Civínová, Denisa (advisor) ; Cvik, Eva Daniela (referee)
The Bachelor´s Thesis deals with the issue of the usage of the immovable property owned by the state from the point of view of the organizations which are competent for the management of the property. The theoretical part of the thesis is focused on characterizing the development of the landed property ownership in the Czech Republic and on defining the term immovable property (focusing on possession and use relationship to a piece of land). Further, the thesis contains description of the development in the landed property ownership in the Czech Republic before and after the year 1989. Then, the possession and use relationships towards a piece of land are defined as well as various prices of rentals/ ground rent (specialized in setting the price usual at the spot an in the time). The practical part is devoted to defining the immovable property of the state and who is competent to manage the property on behalf of the State Land Office; and to comparing statistical data. The data compared are: the price of rentals/ ground rent which is used by the District Land Office for the Hradec Králové District and the prices in towns and municipalities in the Hradec Králové District (division made according to the former Counties). The literary search of the legal regulations and other literature is used in the theoretical part; the quantitative method of evaluating questionnaires is used in the practical part. The aim of the questionnaires is to find out the price of the rentals/ ground rent which is usual at the spot and in the time for renting a piece of land in the Hradec Králové District. This price is further applied when setting the price of rentals/ ground rents in the newly signed contracts of the District Land Office in the Hradec Králové District.
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Rental, tenancy and leasing - Conformity and differences
Jindra, Petr ; Švarc, Zbyněk (advisor) ; Štěpánek, Petr (referee)
The thessis focuses on comparison of rental, tenancy and leasing in legal and practical perspective. The aim is to find out how can these instruments be used for acquisition of movable property for private needs. A car has been chosen as an example. For research and evaluation there have been chosen methods of analysis and comparison. Common habit of private persons in acquisitions of cars is to take a credit or leasing from financial institution. The author of this thessis compares offers of those two methods along with an offer for rental as well as their terms and conditions. Car rental has come out as the cheapest in examined case. The results of examination cannot be generalized, because this case has been evaluated under specific conditions.
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Tax aspects of lease, leasing and similar relations
Kubátová, Tereza ; Marková, Hana (advisor) ; Vybíral, Roman (referee)
The main objective of this Bachelor thesis is to describe the most important aspects of lease, leasing and similar relations. By similar relation is meant what is called in Czech "pacht".The opening chapter introduces lease, leasing and "pacht" from the perspective of private law. The second chapter contains detailed information on the mentioned aspects of income tax. The third chapter deals with the taxation of lease, leasing and "pacht" in connection with value added tax and road tax. The last chapter is focused on the comparision of selected tax aspects of Czech and Slovak legislation.
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