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Construction entitlement and construction permit
Grym, Christian ; Franková, Martina (advisor) ; Sobotka, Michal (referee)
This diploma thesis is focused on legal aspects of a private and public construction law from builder's perspective with a special emphasis on several current issues of Czech legislation and jurisprudence. As its name suggests this thesis is divided into two parts which corresponds to construction entitlement and construction permit. The first part of the thesis is comparison of terms land and building within different legal regulations. These two terms are highly important because they represent a normative basis for the issue. Subsequently, the most frequent private- law titles, entitling the construction of a building, together with the institutions of usucaption and the problem of unauthorized construction, which are very closely related to these titles, are analyzed. The core of this thesis is the second part, dealing with spatial planning, planning proceeding and construction permitting. These partial problems are analyzed in a timeline as they naturally follow from one viewpoint of the builder. While less emphasis is placed on spatial planning and construction permits, a deeper analysis is devoted to the planning proceeding. This fact has its merit, because from the procedural point of view, the planning proceeding is of the greatest importance and also has a close connection with a...
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The institution of an authorized inspector (surveyor) in case law of Czech courts
Štulík, Petr ; Humlíčková, Petra (advisor) ; Stejskal, Vojtěch (referee)
This diploma thesis concentrates on approved inspector's activities and protection of the concerned persons' rights especially from the perspective of jurisprudence. Original intention of the legislator was to unburden the builders and building Authorities by introducing the possibility to use the authorised persons' services. That person was located on the border of private and public law. This status was not defined correctly by the lawmaker and it resulted in many legal disputes. It was necessary to react by adoption of the complex amendment. Aim of the thesis is to analyze the legislation and to pronounce if the original intention of the legislator was fulfilled. Also to proposese changes for the future legislation.
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Illegal construtions and their legal destiny
Krotil, Ondřej ; Staša, Josef (advisor) ; Handrlica, Jakub (referee)
The aim of this thesis named "So called black construction and their legal fate" is to provide a complex view on issues concerning black constructions in accordance with new trends in the Czech construction law. The new trends in the Czech construction law relates especially to the concept amendment of the Building Act made by Act No. 350/2012 Coll., on amendment of Planning and Building Regulation (Building Act), as amended. The further aim of this thesis is to trace the problematic issues concerning black constructions and try to suggest the solutions of these problematic issues de lege ferenda. The principle of a protection of an ownership is being compared against the principle of a public interest in the first chapter. These principles clash against each other in the issue and disputes related to black constructions. The following second chapter is dedicated to the definition of a construction in the legal manner. In the third chapter are being presented legal titles of a construction right. The next chapter deals with the process of the discharge and dissolution of a construction right and genesis of a black construction. The fifth part is dedicated to the definition of a black construction and the differentiation of the black construction from an illegal building in the manner of civil law...
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Line constructions in selected EU countries: Study 5.300
Pulda, Jan ; Syllová, Jindřiška
Práce se zabývá procesem přípravy a povolování významných liniových staveb. Autoři dochází k závěru, že všechny uvedené státy upravují, ve srovnání s běžným stavebním řízením, zvláštním způsobem přípravu a povolování velkých liniových staveb. V žádném z analyzovaných států však neexistuje komplexní úprava určená společně pro všechny druhy liniových staveb.
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