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Flat Co-ownership
Janderová, Kateřina ; Elischer, David (advisor) ; Salač, Josef (referee) ; Dvořák, Tomáš (referee)
The thesis entitled Flat Co-ownership focuses primarily on the selected areas of flat co- ownership under Act No. 89/2012 Coll., The Civil Code. The first chapter of the thesis concerns the genesis and evolution of flat co-ownership in order to outline both the socio-political context of flat co-ownership and issues that occur throughout the whole thesis. The second chapter examines the issue of the principle of superficies solo credit, also known as the superficial principle, which is closely connected to flat co-ownership and its development. The issue of the principle of superficies solo credit is relevant primarily because it is newly introduced in Czech civil law with the entry into force of Act No. 89/2012 Coll., The Civil Code, although this principle dates back Roman law. In the context of flat co-ownership, an important exception to the principle of superficies solo credit is the right to build. Therefore, this chapter also deals with the right to build and with historical development of the right to build and its concept in France and Russia. The chapter concludes with a discussion of the issues arising in connection with the application of the principle of superficies solo credit to flat co-ownership under Act No. 89/2012 Coll., The Civil Code. In the third chapter, we focus on the...
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Duty to provide compensation for harm in housing law
Janderová, Kateřina ; Elischer, David (advisor) ; Dvořák, Jan (referee)
Thesis titled Duty to provide compensation for harm in housing law focuses primarily on the concept of legal and contractual duty to provide compensation for harm under Act No. 89/2012 Coll., The Civil Code, in selected areas of housing law. The first chapter of the thesis is devoted to the introduction to the current terminology, including comparison with previous legislation. This chapter also outlines the evolution of housing law and the interaction of the basic institutes, which are further mingled with particular sectors of housing law. The second chapter concerns the issue of legal and contractual duty to provide compensation for harm in the area of housing co-ownership, with an emphasis on the issue of the purchase contract. The third chapter initially outlines the theoretical issue of housing co-ownership, including theoretical concepts emerging in the first chapter, followed by comparison of housing co-ownership in Russia. Furthermore, this chapter deals both with the topic of house management in ideal co-ownership and the institute of pre-emptive law. The third chapter is followed by a chapter devoted to a special institute of housing co- ownership, the Unit Owners Association. In addition to the Unit Owners Association, this chapter also includes housing cooperatives. The legal and...
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Prevention of damage
Janderová, Kateřina ; Šustek, Petr (advisor) ; Salač, Josef (referee)
The topic of my diploma thesis is "Prevention of damage". The introduction of the thesis examines prevention of damage in general, main principles and history of prevention in civil law. It is followed by a comparison between the ways this issue is treated in the previous Act No. 40/1964 Sb., the Civil Code, and the current Act No. 89/2012 Sb., the Civil Code. The main part of my thesis is subsequently focused on the ways prevention of damage is treated in Act No. 89/2012 Sb., the Civil Code. The thesis is divided into two parts. The first part contains an introduction to the prevention of damage, it looks into the theoretical definition of terms, selected principles of prevention of damage (which originate from Roman law) and then an outline of historical development of the prevention of damage in the civil codes in the territory of the Czech and Czechoslovak Republic. The second part analyses prevention of damage in Act No. 89/2012 Sb., the Civil Code. This part contains six chapters, which follow the structure set out in Act No. 89/2012 Sb., the Civil Code. The first chapter summarises the theoretical view on prevention, the second chapter describes historical development of the prevention of damage. The second part of the thesis is mainly focused on section about General prevention duty, firstly...
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