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The issue of constructions on the land of another
Novotná, Veronika ; Drobník, Jaroslav (advisor) ; Franková, Martina (referee)
Diploma thesis deals with the issue of constructions on the land of another. At first the thesis focuses on definition of basic terms, i.e. the construction and the building plot. In the following text is concerned about permission to build. Attention is focused on three types of titles of use - lease, easement and of peripheral importance, loan of land, which is not given a full explanation, but only focusing on issues related to the topic of work. To the previous issues link two institutes which deal with third and fourth chapter - authorized and unauthorized construction. Authorized construction is current problem in the future and therefore it is very noticeable lack of explicit rules that must be compensated for general rules of unjust enrichment. The chapter on unauthorized construction is divided into sections according to the character of each "type", i.e. whether the construction is movable thing or realty and whether the authorization to construction lacked from outset or dropped out after the construction was built. Last but not least the work deals with public-law issues and also the role of public law in the formation of conditions for the rise of construction - in the chapter devoted to building plot, and also issues permission to build as a public-law act, which makes possible to...
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Superficiary right of building
Schattke, Alena ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
This thesis explores options for placing building on another owner's land. It aims to identify the individual rights that enable it and provides a cross comparison of them. However, the key focus lies on the institute called right of building that was re- introduced into Czech private law as of January 1, 2014. The first section discusses legal options to locate a building on the land of another owner in general terms. It also defines key terms immediately related to the right of building. The core of the thesis focuses on the institute of the right of building as an option for construction building on the land of another owner. The historical development of the right of building in the Czech Republic and its historical predecessors is also discussed and compared with the institute of the right of building in Austria. In the final section, the right of building is compared to other options allowing for construction building on another owner's land. The thesis is divided into fourteen sections. The key portion, comprising Sections 2 through 10, discusses the institute of the right of building and contains an analysis and evaluation of the corresponding individual articles in the Civil Code. Although the legal framework governing the right of building is incomplete or ambiguous in many cases, the...
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Superficial Right of Construction in Czech and French Law
Srbová, Alena
PRÁVO STAVBY V ČESKÉM A FRANCOUZSKÉM PRÁVU, 2015 Abstract (English) Superficial Right of Construction in Czech and French Law The Superficial Right of Construction is one of the new institutions of civil law after the entry into force of the new Czech Civil Code on January 1st , 2014. But the institute is not quite unknown to Czech law, because it was a part of it until 1964. This fact enables to compare the current legislation with the previous provisions and to follow up the development of the explored institute's concept, both in terms of the shift of its nature from public to private, as well as of its content. It is also possible to identify the characteristics of "new" Czech Superficial Right of Construction which reflect not only the development of law in the last fifty years in general, but also of a similar institute in other (European) countries. One of such an institute is undoubtedly French bail à construction, existing since 1964 which seems appropriate for comparison with Czech Superficial Right of Construction mainly due to its continual development and a fairly frequent practice use in its home country. Apart from the relation of Superficial Right of Construction to the Roman principle superficies solo cedit, identification of the expression and legal nature of the institute, excursion into...
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Superficiary right of building
Schattke, Alena ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
This thesis explores options for placing building on another owner's land. It aims to identify the individual rights that enable it and provides a cross comparison of them. However, the key focus lies on the institute called right of building that was re- introduced into Czech private law as of January 1, 2014. The first section discusses legal options to locate a building on the land of another owner in general terms. It also defines key terms immediately related to the right of building. The core of the thesis focuses on the institute of the right of building as an option for construction building on the land of another owner. The historical development of the right of building in the Czech Republic and its historical predecessors is also discussed and compared with the institute of the right of building in Austria. In the final section, the right of building is compared to other options allowing for construction building on another owner's land. The thesis is divided into fourteen sections. The key portion, comprising Sections 2 through 10, discusses the institute of the right of building and contains an analysis and evaluation of the corresponding individual articles in the Civil Code. Although the legal framework governing the right of building is incomplete or ambiguous in many cases, the...
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Superficial Right of Construction in Czech and French Law
Srbová, Alena ; Dvořák, Jan (advisor) ; Stejskal, Vojtěch (referee) ; Petr, Bohuslav (referee)
PRÁVO STAVBY V ČESKÉM A FRANCOUZSKÉM PRÁVU, 2015 Abstract (English) Superficial Right of Construction in Czech and French Law The Superficial Right of Construction is one of the new institutions of civil law after the entry into force of the new Czech Civil Code on January 1st , 2014. But the institute is not quite unknown to Czech law, because it was a part of it until 1964. This fact enables to compare the current legislation with the previous provisions and to follow up the development of the explored institute's concept, both in terms of the shift of its nature from public to private, as well as of its content. It is also possible to identify the characteristics of "new" Czech Superficial Right of Construction which reflect not only the development of law in the last fifty years in general, but also of a similar institute in other (European) countries. One of such an institute is undoubtedly French bail à construction, existing since 1964 which seems appropriate for comparison with Czech Superficial Right of Construction mainly due to its continual development and a fairly frequent practice use in its home country. Apart from the relation of Superficial Right of Construction to the Roman principle superficies solo cedit, identification of the expression and legal nature of the institute, excursion into...
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The issue of constructions on the land of another
Novotná, Veronika ; Drobník, Jaroslav (advisor) ; Franková, Martina (referee)
Diploma thesis deals with the issue of constructions on the land of another. At first the thesis focuses on definition of basic terms, i.e. the construction and the building plot. In the following text is concerned about permission to build. Attention is focused on three types of titles of use - lease, easement and of peripheral importance, loan of land, which is not given a full explanation, but only focusing on issues related to the topic of work. To the previous issues link two institutes which deal with third and fourth chapter - authorized and unauthorized construction. Authorized construction is current problem in the future and therefore it is very noticeable lack of explicit rules that must be compensated for general rules of unjust enrichment. The chapter on unauthorized construction is divided into sections according to the character of each "type", i.e. whether the construction is movable thing or realty and whether the authorization to construction lacked from outset or dropped out after the construction was built. Last but not least the work deals with public-law issues and also the role of public law in the formation of conditions for the rise of construction - in the chapter devoted to building plot, and also issues permission to build as a public-law act, which makes possible to...
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