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National Repository of Grey Literature 2 records found  Search took 0.01 seconds. 
The Substance of the Right of Usufruct
 Czinege, Matěj ; Janoušková, Anežka (advisor) ; Dvořák, Jan (referee)
The Substance of the Right of Usufruct Abstract This thesis deals with the content of the right of usufruct, i.e. its substance. It defines it on the basis of an analysis of the rights and obligations of both the usufructuary and the bare owner. It looks more closely at the issue of the principle of salva rerum substantia and its significance for usufruct as such. It shows that this principle applies as a limitation on the usufructuary's enjoyment of the thing. The thesis then turns to the duty of the usufructuary to maintain the thing and puts it in context with the duty to maintain the thing. The present work defines the individual rights of the usufructuary and also his obligations under the law. It also looks in more detail at the duty of the usufructuary to hand over the thing after the usufruct is over. It does not overlook the special position of the usufructuary in the case of a usufruct over fungible fungible things and principal deposited at interest. It also deals similarly with the rights and obligations of the bare owner, particularly in relation to the subject-matter of the usufruct and the usufructuary. In many respects, the work brings new insights into Czech legal scholarship regarding the institution of usufruct. It defines in more detail the terms substance and form in relation to...
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Easements in the context of the new civil code concepts and definitions from the perspective of valuator
 Hába, Jaroslav
The new Civil Code, which is to become effective from 1 January 2014 builds on the Civil Code of 1937. It contains 3,081 sections. It respects the classical principles of private law, the unification of the legislation into a single code, but unfortunately there is a legal and social discontinuity with the present Civil Code, and it is inapplicable to the existing case law. Easements are newly divided into servitudes and real burdens, a number of old-new terms and definitions appears, among which the valuators will need to be able to orientate well, the Code uses archaic language.
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