|
|
Residential co-ownership - common areas
Pospíšek, Tomáš ; Salač, Josef (advisor) ; Zvára, Michael (referee)
Residential co-ownership - common areas Abstract The diploma thesis deals with the legal regulation of residential co-ownership contained in the Civil Code, with an emphasis on the common areas of an immovable thing. The aim of the thesis was to focus and discuss some issues of residential co-ownership, which are not completely clarified and cause interpretation difficulties. As the institute of residential co-ownership is relatively new and constantly evolving, there is indeed a wide range of topics that could be discussed. Therefore, due to the breadth of the topic, the thesis focuses on issues related to common areas. The subject of the thesis is also to shed some light on important changes adopted by the Act No. 163/2020 Coll. The diploma thesis itself is divided into five chapters. The first chapter offers a historical development of the institute of residential co-ownership together with an introduction to general theoretical concepts on which residential co-ownership may be based. The second chapter then describes the institute of residential co-ownership in the Civil Code in general, but above all it defines the basic legal concepts on which the regulation of residential co-ownership is based. In particular, it is a matter of defining the unit and the method of its creation, although this is limited...
|
|
|
Residential co-ownership in the light of the amendment to the Civil Code effective from 1st July 2020
Kaplan, Filip ; Salač, Josef (advisor) ; Zvára, Michael (referee)
1 Residential co-ownership in the light of the amendment to the Civil Code effective from 1st July 2020 Abstract In this thesis I deal with the institute of residential co-ownership and the changes brought by Act No. 163/2020 Coll., amending Act No. 89/2012 Coll., the Civil Code, as amended, and other related acts. This amendment to the Civil Code fundamentally interferes with the legal regulation of residential co-ownership, ie also with the provisions concerning an association of unit owners with which I deal mainly in this thesis. For its clarity, the thesis is divided into parts in which I try to systematically present the changes that the above-mentioned amendment to the Civil Code has brought. An important part of the thesis is also a comparison of the changes with the regulation effective before 1st July 2020. In the introduction, I first present the subject of research in general and then in a short historical excursion I approach the development of residential ownership in our territory. In my opinion, the main point is the view into the last century, where co-ownership respectively residential ownership changed the most. In connection with the historical development, it is important to mention the legal principle of superficies solo cedit. This principle, known since the second century AD, has an...
|
|
|
Residential co-ownership
Tlapák, Jan ; Salač, Josef (advisor) ; Thöndel, Alexandr (referee)
Residential co-ownership The thesis deals with the legal regulation of residential co-ownership, contained in the Act no. 89/2012 Sb., Civil Code, while the emphasis is primarily on the description a comparison of the changes and innovations in the new legislation of residential co-ownership, using the comparative method with the regulations contained in the Act no. 72/1994 Sb., ownership of flats. Due to the breadth of this topic, this thesis neither contains a discussion about a contract for the construction nor about an association of unit owners except as regards the formation and the incorporation of association of unit owners according to § 1166 et seq. of the Act no. 89/2012 Sb., Civil Code. The thesis is divided into eleven chapters, including the introduction and the conclusion. After the introduction, the following chapter deals with the historical development of flat ownership legislation, beginning with the description of ancient times until the date, when work on the later adopted Act no. 89/2012 Sb., Civil Code, began. The third chapter is devoted to the theoretical concepts on which the regulations of residential co-ownership are ideologically based in individual European countries. Next, the fourth chapter is about the development and the current content of the legal principle...
|
guest ::
