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Environmental Compartments and Ownership Rights
Tecl, Lukáš ; Franková, Martina (advisor) ; Stejskal, Vojtěch (referee)
This thesis deals with the relationship between property rights and the protection of environmental compartments. The thesis is divided into chapters corresponding to individual compartments, namely soil, minerals, energy, water, air, organisms and ecosystems. Each chapter defines given compartment and then describes its current Czech regulation. This thesis doesn't deal with all legislation in the area of environmental protection, but only with provisions related to ownership, namely whether given compartment can be an object of property rights and if possible whether its owner's treatment of this compartment can be restricted in the interest of its protection. Some chapters are further divided into sub-chapters due to quantity of laws concerning corresponding environmental compartment, e.g. the chapter about ownership of organisms differentiates animals from other organisms and further divides them into animals in captivity and free-living ones. Chapters about soil, minerals, water and organisms are ended with partial conclusions summarising my knowledge and thoughts about their respective topics, while the conclusion of the thesis as whole represents combination of synthesis of those partial conclusions and my opinions on overall legal regulation of property rights to environmetal compartments.
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Environmental Compartments and Ownership Rights
Tecl, Lukáš ; Franková, Martina (advisor) ; Stejskal, Vojtěch (referee)
This thesis deals with the relationship between property rights and the protection of environmental compartments. The thesis is divided into chapters corresponding to individual compartments, namely soil, minerals, energy, water, air, organisms and ecosystems. Each chapter defines given compartment and then describes its current Czech regulation. This thesis doesn't deal with all legislation in the area of environmental protection, but only with provisions related to ownership, namely whether given compartment can be an object of property rights and if possible whether its owner's treatment of this compartment can be restricted in the interest of its protection. Some chapters are further divided into sub-chapters due to quantity of laws concerning corresponding environmental compartment, e.g. the chapter about ownership of organisms differentiates animals from other organisms and further divides them into animals in captivity and free-living ones. Chapters about soil, minerals, water and organisms are ended with partial conclusions summarising my knowledge and thoughts about their respective topics, while the conclusion of the thesis as whole represents combination of synthesis of those partial conclusions and my opinions on overall legal regulation of property rights to environmetal compartments.
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Liability for environmental damage in terms of civil law
Tománková, Petra ; Damohorský, Milan (advisor) ; Stejskal, Vojtěch (referee)
v anglickém jazyce The theme of this work was: Liability for environmental damage in terms of civil law. As its theme suggests, the target area of this work was to determine, or rather to summarize the current legislation relating to environmental damage in terms of civil law. Environmental topic such as is in the legal system highly fragmented, the objective is to make a comprehensive interpretation. This work is published in the processing of issues towards a comprehensive study and descriptive analysis of liability in terms of civil law, in a broader sense - from the definition of basic concepts to the quantification of the damage. With regard to the topic of this work, it was necessary to make a finding what is possibly considered for damage to the environment from the perspective of civil law. Environmental damage can occur only on those parts or components of the environment, which are things in the legal sense and are liable to be owned by a particular entity. Ecological damage can only occur in soil and its components in the form of non-reserved minerals and vegetation and animals living in captivity. It can be stated that although the civil law is not a legal industry, whose primary objective is environmental protection, It has instruments that are at first glance may seem like instruments...
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