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Right of superficies
Demut, Ondřej ; Dvořák, Jan (advisor) ; Lederer, Vít (referee)
Right of superficies Abstract The thesis deals with the issue of buildings constructed for one reason or another on a plot of land that do not belong to the person who set up the building, which has been requiring various solutions. At present, such solutions include the re-established institute of right of superficies. This is one of the ways in which legal standards resolve conflicts of proprietary rights, because in the case where the owner of the plot of land is one person, while the owner of the building on the plot (either on its surface or underneath thereof) is another one, the proprietary rights of such persons do or may collide to a certain extent. In particular, the person who built the building on someone else's plot of land may lose the ownership thereof. Such conflicts in proprieatary rights are prevented by legal institutes enabling legal existence of a building on someone else's land and, in particular, enabling the builder to remain the owner of the building, i.e. preventing the land owner to become the owner of the building. The thesis investigates the right of superficies mainly de lege lata and in its chapters dedicated to the right of superficies as a right in rem and the right of superficies as an immovable property it also deals with the issues of the origin and termination of the...
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