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Assessment of Market Value of the Easement on the Route of the Sewage Pipelines
Konečná, Jana ; Hlavinková, Vítězslava (referee) ; Hrubanová, Michaela (advisor)
This dissertation deals wtih a problematice of easements of real estates in Czech Republic.The main goal of the dissertation is to estimate the value of considered easement and value of the family house burdened with the easements, consider and give reasons for possible devaluation of the real estate by making the easements. In the theoretical part are defined the terms connected with the real estate business, methods of valuation of the real estates and terms from land registry. Legislation of easements, methods and proceduresof valuation of easementsand valuationof real estates with easements follows. Practical part is about valuation of easements. Municipakl authority in Vyškov reallized construction of sewers in local parts Lhota and Rychtářov. The sewers goes through lands thats why the easements are established for the land owners. The easements are provided with conrtracts. The final part of the dissertation includes the summary and comparison of easements in 2011 and 2014, example of valuation of family house in local part Rychtářov and valuation of the influence of easement on the real estate.
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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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Easements
Blažková, Hana ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
This thesis deals with the legal institute of easements. These are rights in rem to another person's property which restrict the owner of immovable property in favor of another person so that he is obliged to tolerate something, to refrain from something or to perform something. Easements serve more beneficial usage of immovable property or in favor of a particular person. The thesis consists of ten chapters. The first chapter describes the historical development of easements in five sub-chapters. The second chapter deals with the definition and function of easements. The third chapter examines their sorting. The fourth chapter deals with the content of easements. The most common easements - the right of way and the right to use a flat or a room - are described in two sub-chapters. The fifth chapter deals with an issue of recording easements in the land register. The sixth chapter, the largest, successively pays attention to individual ways of their creation in six sub-chapters. In three sub-chapters of the seventh chapter modification of easements (in their subjects, content and object) is analysed. The eighth chapter examines individual ways of termination of easements in six sub-chapters. Separately, in the ninth chapter, limitation of time of easements is dealt with. The final chapter describes...
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The land easements- comparaison between Czech and French legal regulation
Nováková, Klára ; Žákovská, Karolina (advisor) ; Franková, Martina (referee)
The present diploma thesis studies the topic of landed servitude, which represents one of the forms of restriction of real estate ownership rights. Landed servitudes form part of the real property rights, in particular of the rights in rem to another person's property. This legal institute dates back to Roman law when, like today, it represented a restriction of real estate ownership rights of one property in benefit of a better use of another property. The base of the landed servitudes is twofold: first, there is real estate for whose benefit the servitude is established (the dominant land) and a real estate burdened by an easment for another property (the servient land). Second, the servitudes limit the property rights of one real estate (the servient land) for the benefit of the owner of the other property (of the dominant land). The institute of servitude is compared between two legislations: Czech, covered by law nž 89/2012, and French, contained in the Frech civil code, Code civil. Powered by TCPDF (www.tcpdf.org)
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Servitudes
Houdková, Veronika ; Zvára, Michael (advisor) ; Salač, Josef (referee)
Servitudes Abstract The aim of this thesis is to analyse the legal institute of servitudes and its issues, especially focusing on its current legal regulation in the Civil Code and related case law. The thesis deals with the problematic issues that arise in connection with the examined institute and tries to find possible ways of overcoming the flaws of the legal regulation. The thesis is divided into four parts. The first chapter briefly outlines the theoretical concept of servitudes. The second part of the thesis analyses the historical development of servitudes from their beginnings in Roman law, when the foundations of the institution under study were formed and, in many ways, survive to this day. It then continues with an explanation of the codifications regulating servitudes. It continues with an explanation of the codifications regulating easements in the Czech territory from the General Civil Code through the communist codifications of 1950 and 1964, in the latter case the most important amendments are described. Then the reasons for the deletion of the term servitude from the applicable law and its replacement by a superior term covering both servitudes and real burdens, which was the state of law until the adoption of the current Civil Code, are discussed. This part of the thesis focuses on the...
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The land easements- comparaison between Czech and French legal regulation
Nováková, Klára ; Žákovská, Karolina (advisor) ; Franková, Martina (referee)
The present diploma thesis studies the topic of landed servitude, which represents one of the forms of restriction of real estate ownership rights. Landed servitudes form part of the real property rights, in particular of the rights in rem to another person's property. This legal institute dates back to Roman law when, like today, it represented a restriction of real estate ownership rights of one property in benefit of a better use of another property. The base of the landed servitudes is twofold: first, there is real estate for whose benefit the servitude is established (the dominant land) and a real estate burdened by an easment for another property (the servient land). Second, the servitudes limit the property rights of one real estate (the servient land) for the benefit of the owner of the other property (of the dominant land). The institute of servitude is compared between two legislations: Czech, covered by law nž 89/2012, and French, contained in the Frech civil code, Code civil. Powered by TCPDF (www.tcpdf.org)
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Classification and characterization of real rights - comparison Czech republic, France
Milotová, Martina ; Elischer, David (advisor) ; Thöndel, Alexandr (referee)
The aim of this thesis is to compare legal regulations of real rights in Czech and French legal order. With respect to current situation, when starting the 1th january of 2014, the new civil code becomes effective, this thesis deals as well with the novelties in real rights' regulation established by the law nř89/2013 of Collection of Laws, civil code. This thesis consists of seven chapters. In the first chapter, I mention the aim of the thesis, its brief content and elaboration process. In the second to sixth chapter, the thesis deals in concrete with the real rights and its institutes. In each of these chapters, the Czech legal regulation according to the current civil code is mentioned first. Then, a discourse about French regulation follows. If both regulations are same, similar or slightly or absolutely different. Finally, a comparison with the new civil code is attached to practically all chapters. If it holds the current regulation or if it establishes new notions, institutes or conception or regime of the current institutes. And provided it brings novelties if it tends by them towards the French regulation or if it choses absolutely new solutions. The second chapter deals with real rights in general terms. With their conception and systematics. The thesis deals with the question how the...
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Easements
Blažková, Hana ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
This thesis deals with the legal institute of easements. These are rights in rem to another person's property which restrict the owner of immovable property in favor of another person so that he is obliged to tolerate something, to refrain from something or to perform something. Easements serve more beneficial usage of immovable property or in favor of a particular person. The thesis consists of ten chapters. The first chapter describes the historical development of easements in five sub-chapters. The second chapter deals with the definition and function of easements. The third chapter examines their sorting. The fourth chapter deals with the content of easements. The most common easements - the right of way and the right to use a flat or a room - are described in two sub-chapters. The fifth chapter deals with an issue of recording easements in the land register. The sixth chapter, the largest, successively pays attention to individual ways of their creation in six sub-chapters. In three sub-chapters of the seventh chapter modification of easements (in their subjects, content and object) is analysed. The eighth chapter examines individual ways of termination of easements in six sub-chapters. Separately, in the ninth chapter, limitation of time of easements is dealt with. The final chapter describes...
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Assessment of Market Value of the Easement on the Route of the Sewage Pipelines
Konečná, Jana ; Hlavinková, Vítězslava (referee) ; Hrubanová, Michaela (advisor)
This dissertation deals wtih a problematice of easements of real estates in Czech Republic.The main goal of the dissertation is to estimate the value of considered easement and value of the family house burdened with the easements, consider and give reasons for possible devaluation of the real estate by making the easements. In the theoretical part are defined the terms connected with the real estate business, methods of valuation of the real estates and terms from land registry. Legislation of easements, methods and proceduresof valuation of easementsand valuationof real estates with easements follows. Practical part is about valuation of easements. Municipakl authority in Vyškov reallized construction of sewers in local parts Lhota and Rychtářov. The sewers goes through lands thats why the easements are established for the land owners. The easements are provided with conrtracts. The final part of the dissertation includes the summary and comparison of easements in 2011 and 2014, example of valuation of family house in local part Rychtářov and valuation of the influence of easement on the real estate.
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