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Transfer of ownership rights in book-entry securities
Lukačovič, Filip ; Čech, Petr (advisor) ; Josková, Lucie (referee)
In my thesis, I attempt to settle several legal issues pertaining to the matter of transfer of ownership title to book-entry securities. In our law, many legal instruments are only provided for in relation to certificated securities. The Civil Code then extends the scope of application of provisions on certificated securities to book-entry securities, except for where the nature of the latter or a different statutory provision prohibits it. Hence, the key question of my thesis is whether book-entry securities must be observed in a manner that respects their particular nature, and if so, how do said particularities influence the transfer of ownership title to the same. The core text of the thesis is contained within Part 2., designated Nature of Book-Entry Securities, and Part 3., designated Transfer of Book-Entry Securities. Part 2. is devoted to the nature and particularities of book-entry securities that often lie between private and public law and which influence means of their transfers. Consecutively, using their individual characteristics, I distinguish book-entry securities from the certificated ones, I theorize on the possibility of a "reverse-substitution", I conclude some regulatory as- pects of the current law (from deposition and extracts therefrom, to changes of records as con-...
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Transfer of ownership right to land
Němečková, Petra ; Drobník, Jaroslav (advisor) ; Franková, Martina (referee)
1 Abstract Transfers of land ownership This thesis provides a clear and comprehensive explanation on the transfer of land ownership and institutions associated with this issue. Land from other things in the legal sense is so different that it raises the need to create specific legal regulations, which contain the basic institutions and principles of land law. The special nature of the land is determined by its specific characteristics that distinguish it from all other things. Although it has a long tradition of land ownership, it has still not developed it's uniform and comprehensive legislation. General law for the transfer of land ownership is a civil code. Special regulations are cadastral law and the law on registration of ownership and other rights in real estate, the law on transfers of agricultural and forest land, Land Act and others. Due to the adoption of a new civil code, there are some places to identify and compare to the current legal system, and possible adjustment for the future. The thesis is divided into four parts. The first part contains general characteristics of land ownership, and describes its object, subject, content, institutions and basic concepts that are associated. The second part deals with various ways of transfer of title to land. The basic meaning of transfer is when the...
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Contract of Sale in Private Law
Chvátalová, Daniela ; Dvořák, Jan (advisor) ; Salač, Josef (referee) ; Zahradníčková, Marie (referee)
1 ABSTRACT CHVÁTALOVÁ, Daniela: Contract of Sale in Private Law. [Dissertation thesis]. Charles University. Faculty of Law; Department of Civil Law. Tutor: prof. JUDr. Jan Dvořák, CSc., Head of Department of Civil Law, Vice-Dean for the Doctoral Study Programme and Rigorosum Procedure. Level of professional qualification: Ph.D., Praha: PF UK, 2015. Key words: Civil Code No. 40/1964 Sb. Commercial Code No. 53/1991 Sb. Civil Code No. 89/2012 Sb. Principles of civil law. Purchase. Dual regulation. Precontracting negotiations. Offer and acceptance of the offer. Contract of sale. Purchase of personal property. Purchase of real property. Subject of the contract. Superficies solo cedit. Construction is a part of the land. Hardship clause. Purchase price and manner for determining the purchase price. Commercial terms and conditions. Decrease in a purchase price. Unreasonable decrease in the purchase price Laesio enormis. Price clause. Delivery of goods. Seller's delay in delivery of goods. Transfer of title. Rights in case of defective performance. Quality, quantity, type, and package. Rebus sic stantibus clause. Contractual penalty. Cancellation of a contract of sale. Sale of a plant. Advance payment and retainer. Supranational projects. Draft Common Frame of Reference (DCFR). Principles of European Contract Law...
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Transfer of ownership right to land
Němečková, Petra ; Drobník, Jaroslav (advisor) ; Franková, Martina (referee)
1 Abstract Transfers of land ownership This thesis provides a clear and comprehensive explanation on the transfer of land ownership and institutions associated with this issue. Land from other things in the legal sense is so different that it raises the need to create specific legal regulations, which contain the basic institutions and principles of land law. The special nature of the land is determined by its specific characteristics that distinguish it from all other things. Although it has a long tradition of land ownership, it has still not developed it's uniform and comprehensive legislation. General law for the transfer of land ownership is a civil code. Special regulations are cadastral law and the law on registration of ownership and other rights in real estate, the law on transfers of agricultural and forest land, Land Act and others. Due to the adoption of a new civil code, there are some places to identify and compare to the current legal system, and possible adjustment for the future. The thesis is divided into four parts. The first part contains general characteristics of land ownership, and describes its object, subject, content, institutions and basic concepts that are associated. The second part deals with various ways of transfer of title to land. The basic meaning of transfer is when the...
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