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Easements
Hejdová, Dagmar ; Salač, Josef (referee)
The aim of the diploma thesis is to present the legal institute of the easements in its complexity placing emphasis on the current legal regulation of this institute in the Czech Civil Code. The diploma thesis deals with the most important practical issues inherently linked to this legal institute with reference to the relevant judicial decisions and suggested solutions of the mentioned problems are presented. The aim of the diploma thesis is also to present the institute of the easements as the institute responsive to the current social conditions undoubtedly reflected in the legal regulation of the institute of the easements. The first chapter of the diploma thesis is devoted to the theoretical determination of the concept of the easements. In the second chapter the most important historical periods related to the institute of the easements are presented, from the ancient era to the present. The most important ancient principles linked to the institute of the easements are discussed and their importance for the contemporary legal regulation is emphasized. Subsequently, the diploma thesis also deals with the origination of the concept of the easements and the conceptual change in the current Czech Civil Code consisting in distinguishing the easements from the real burdens. The descriptions of the...
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Easements
Hejdová, Dagmar ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
The aim of the diploma thesis is to present the legal institute of the easements in its complexity placing emphasis on the current legal regulation of this institute in the Czech Civil Code. The diploma thesis deals with the most important practical issues inherently linked to this legal institute with reference to the relevant judicial decisions and suggested solutions of the mentioned problems are presented. The aim of the diploma thesis is also to present the institute of the easements as the institute responsive to the current social conditions undoubtedly reflected in the legal regulation of the institute of the easements. The first chapter of the diploma thesis is devoted to the theoretical determination of the concept of the easements. In the second chapter the most important historical periods related to the institute of the easements are presented, from the ancient era to the present. The most important ancient principles linked to the institute of the easements are discussed and their importance for the contemporary legal regulation is emphasized. Subsequently, the diploma thesis also deals with the origination of the concept of the easements and the conceptual change in the current Czech Civil Code consisting in distinguishing the easements from the real burdens. The descriptions of the...
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Easements
Hensel, Petr ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
The aim of this thesis is to try to provide an analysis of the legislation of easements contained in the Civil Code, to take into account the case law related to the General Civil Code as well as the recent court decisions and express controversy over some aspects that the new legislation offers. The thesis is divided into four chapters, the first chapter is devoted to a brief definition of easements and the kinds of easements. The second chapter analyzes the historical development of the easements. In the first part of the chapter the Roman law, which was the first to regulate the easements, is discussed. Furthermore, the chapter deals with the development of the easements during the Middle Ages, when the easements were joined by the institute of real burdens. The third part of the chapter discusses the legislation of easements in the General Civil Code, which is an inspiration for the current legislation; the relevant case law is not omitted. Finally, the chapter contains a section dealing with the legislation of easements in the so called Middle Civil Code from 1950 and the legislation in the Civil Code from 1964. The third chapter, which forms the main part of the thesis, is devoted to a detailed analysis of the current legislation of easements contained in the Civil Code. The chapter is...
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Easements
Nožičková, Dora ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
This thesis deals with easements. The main purpose of this thesis is to comprehensively analyse easements according to the effective legislation, the Act No. 89/2012 Coll., the Civil Code. The thesis works with a wide range of judicial decisions, which are related to the topic. This thesis also describes some problems, which may occur in practice. The thesis is divided into an introductory chapter, six main chapters and conclusion. The introductory chapter covers an introduction of the term easements, its actual importance and role in the society and specifies the goal of my thesis. The first chapter is focused on the theoretical backround of easements, which belongs to the absolute property rights, iure in re alinea. The second chapter provides a historical excursion of easements. First, this chapter describes the origin and the importance of servitutes in Roman law. It is followed by the regulation according to the ABGB 1811. The third chapter concentrates on the regulation of easements according to the Act No. 141/1950 Coll., the Civil Code. This Civil Code was vitally important for the term easements, which appeared in the civil code for the first time. The fourth chapter mentions the development of the institute according to the Act. No 40/1964 Coll. This Civil Code contained a plain...
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Acquisitive prescription
Brousilová, Gabriela ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
Easements Master's degree thesis deals with easements and describes historical development of this legal institute, and his form in today's effective civil code 89/2012 Sb. Easements belong to absolute property rights and iura in re aliena, which is the privilege of using a thing of another as if it were one's own. There is an obligation of one person to tolerate something, to refrain from something or to perform something in favour of another person. In this way it allows more people to use one thing without being its owners. The thesis is divided into five chapters. There is an introduction, which describes the aim and division of the work. First chapter explains the institute of easements, its place in today's effective civil code and historical types of easements. There is also short part about the importance of this institute in today's law. Second chapter deals with historical development of this legal institute. First of all there is subchapter about servitutes in Roman Law, because civil code 89/2012 Sb. was inspired with it. Then there is part about regulation in the feudalism period. Because the main inspiration for civil code 89/2012 Sb. was ABGB from 1811, there is subchapter about servitutes in this civil code. Last subchapter of this part deals with the regulation according to civil...
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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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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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