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Effect of amendments to the Civil Code on the real estate practice
Buchtová, Michaela ; Šmahel, Milan (referee) ; Klišová, Jana (advisor)
On 1 January 2014 the new Civil Code no. 89/2012 Coll., which affected many areas, came into force. This thesis deals with the changes that have an impact on real estate activities. To the change of the Civil Code no. 40/1964 Coll. an introduction of new Cadastral law no. 256/2013 Coll. is closely related. Influence of this Cadastral law on a real estate practice is also described in this work. The conclusion summary of this work is a mapping of changes and an assessment of the extent to which they affect a real estate practice.
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Contractual Relations in Construction
Hanák, Michal ; Zobač, Zdeněk (referee) ; Waldhans, Miloš (advisor)
Bachelor thesis is prepared on the theme of contractual relationships in construction. In the first part will focus on the characteristics of the legal definition, basic concepts of law and rules and sources of business law. Furthermore, in the first part will focus on contract for work and purchase agreement by the Commercial Code and by the Civil Code. In the second section covers two specific firms that characterize and then compare. In this section will also analyze specific contracts, which then will also be evaluated. In the second part is also made proposal how should look a contract for work.
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Valuation methodology used for the purpose of UniCredit Bank and ČSOB
Mareš, Miroslav ; Kavka, Milan (referee) ; Šmahel, Milan (advisor)
Diploma thesis deals with the procedures for valuation of property according to the methodologies used by banks UniCredit Bank and ČSOB. This diploma thesis describes the principles of valuation of assets. In this thesis there are mentioned basic concepts of banking. It carries out a detailed analysis, description and comparison of selected valuation methodologies used by banks and methodologies used in appraiser´s work, who prepares evaluations for banking institutions. Based on the findings an analysis of the different methodologies is made.
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Right of Superficies in the Context of Valuation
Špičák, Ondřej ; Doležalová, Monika (referee) ; Hlavinková, Vítězslava (advisor)
The master thesis "Right of Superficies in the Context of Valuation" deals with an analysis of institute of the right of superficies as defined in Sec. 1240-1256 of the Civil Code as an exception to the principle of superficies solo cedit which allows to build a building on or under land of another owner without this building becoming part of this land. The thesis deals with the current legal regulation of this institute but it contains a historical excursion into the previous legal regulations governing the right of superficies on the territory of the Czech Republic as well. Second part of the thesis deals with an issue of valuation of the right of superficies, both according to the Property Valuation Act and the Valuation Decree, as well as market valuation. The final part of the thesis contains a model valuation of a selected right of superficies according to the valuation legislation, including the interpretation of the findings.
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ASPECTS APPRAISEMENT LAW BUILDING
Adámek, Jiří ; Scholzová, Vlasta (referee) ; Telec, Ivo (referee) ; Weigel, Lubomír (advisor)
Dissertation work deals problems Law Of Building in relations to new Civil Code No. 89/2012 Sb. (NOZ - new Civil Code) Legal regulations are for all new and rather are in common level. Supplying present, more than 40 years old Civil Code new recipe, presents revolutionary changes in civil right. NCC starting from the another ideological, political and terminological bases. With new Civil Code loom incomming new questions: What will real property and what will no. What kind of law is possible newly to real property to establish. How will new property owners limited. Important is appreciate, that by the new Civil Code was cancelled current Civil Code, so and current Business Code too. New legal regulations cancelles more than 238 law regulations. All the law, which affected law relations to real property are cancelled. Contribution is solving the problems and summaries the cases, where would had Building Law to do. Result of the dissertation work is:
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The institution of superficiary right of building in the private law restatement in the Czech Republic
Tichý, Luděk ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
The Institute of the Right to Build in the Context of the Recodification of Private Law in the Czech Republic Abstract This master thesis is devoted to a comprehensive analysis of the legal regulation of the right to build as a legal institute reintroduced into the legal system of the Czech Republic on 1 January 2014 with the entry into force of the Act No. 89/2012 Coll., the Czech Civil Code, including the placing of the right to build in the context of its historical background or its comparison with the corresponding applicable legal regulations of foreign countries, which represent sources of inspiration for the legal regulation in the Czech Republic. The right to build allows, in particular, the construction of a building by the builder on land that is not owned by him, or, in general, allows the builder to have a building on such land. This legal institute represents a special temporary exception of application of the legal principle of superficies solo cedit. The building, which becomes part of the right to build for the duration of the right itself, does not, according to the general rules of law, accrue to the land on which it has been built. In the introductory part, the thesis focuses on a description of the historical legal development of the right to build from its Roman law origins. This is...
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Contract of sale in Roman and contemporary law
Šicnerová, Jana ; Bělovský, Petr (advisor) ; Šejdl, Jan (referee)
Sales contract in Roman Law and Contemporary Law Abstract This thesis deals with developing the sales contract from the times of Roman law. It chronologically describes its evolution from the inception of emtio venditio to the current legal regulation of the sales contract in Act No. 89/2012 Sb., the Civil Code. The thesis is divided into eight parts; firstly, it discusses the historical development of the sales contract, then it examines the sales contract (emtio venditio), and in the subsequent sections, it analyzes the sales contract under Act No. 40/1964 Sb., the Civil Code, and its amendments, Act No. 513/1991 Sb., the Commercial Code, and the currently valid Act No. 89/2012 Sb., the Civil Code. The aim of this thesis was to determine the extent to which the current legal regulation concerning the sales contract is inspired by Roman law, as well as to provide a comprehensive analysis of the evolution of the institute of the sales contract and a comparison of the differences within the aforementioned legal provisions. The thesis mainly describes the essential elements of the sales contract and the obligations of the seller and the buyer. Keywords: Roman law, sales contract, Civil Code.
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Personal ownership in Czechoslovakian law in 1964 - 1990
Ebrahimi, Arian ; Kuklík, Jan (advisor) ; Šouša, Jiří (referee)
Personal ownership in Czechoslovakian law in 1964 - 1990 This thesis aims to comprehensively describe the regulation of personal ownership in Czechoslovakian law in the years 1964 to 1990. The thesis deals with the origin and development of this property type in Czechoslovakia, including the constitutional aspect of property law under socialism and Soviet law, which significantly influenced the Czechoslovakian law. Emphasis is placed on the description of the historical and philosophical roots of property rights with regard to Marxist-Leninist ideology. The introductory part of the thesis comprehensively discusses the regulation of ownership in key legislation before the year 1964, including both post-war Czechoslovakian constitutions and key laws such as the Civil Code of 1950 (Act No. 141/1950 Coll.) or the Economic Code (Act No. 109/1964 Coll.). The main part of the thesis focuses on the regulation of personal property in the Civil Code of 1964 (Act No. 40/1964 Coll.) as amended before 1990. The text compares the original wording of the Code with the amendment of 1982, which returned to the Code traditional Roman law institutes such as possession or easements. The analysis of key provisions in the Civil Code of 1964 is based on contemporary commentaries, legal textbooks and relevant case law,...
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Czech-French contrastive lexicological commentary on legal texts of inheritance law
Váchová, Aneta ; Jančík, Jiří (advisor) ; Listíková, Renáta (referee)
Czech-French contrastive lexicological commentary on legal texts of inheritance law The subject of this thesis is a Czech French contrastive lexicological commentary on selected legal texts in the field of inheritance law in legal systems of the Czech Republic and France. In three main chapters, the thesis analyses the lexical specifics of the French legal language - in contrast to the Czech legal language. Within these chapters, it was firstly necessary to define and specify the legal language, outline the various linguistic devices used and, last but not least, their application in the translation of legal texts. The first chapter deals in more detail with the legal language in general - its determination in the context of French and Czech legislation, the development of technical vocabulary, as well as the analysis of the individual requirements placed on the legislator when formulating legal texts. The second chapter is then devoted to specific paradigmatic meaning relations in legal language, in particular relations that violate the semiotic-logical relation between a form and a meaning (synonymy, polysemy), oppositeness, hyperonymy and hyponymy. Those relations are firstly explained and shown on examples from Czech and French inheritance law and then compared with the common language....
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Liability for damage caused by and to an animal
Kvasnicová, Sandra ; Elischer, David (advisor) ; Dvořák, Jan (referee)
Liability for damage caused by and to an animal Abstract In this paper, entitled "Liability for damage caused by and to an animal", I focus on the analysis of the private law framework of attributability and liability for injury caused by and to animals, i.e. the concept of the property of a "thing" that is to some extent uncontrollable. For the sake of comprehensiveness, the issue is also briefly outlined from a public law perspective. This paper aims to provide a comprehensive and expert summary of information on current domestic legislation, to mention possible shortcomings thereof, and to provide the reader with an overall picture through a number of examples and theoretical situations. The paper is divided into six chapters. The introduction deals with the animal as a concept in the legal sense and also defines the terms game and animal, as they are fundamental to the whole paper. Understanding the terms and distinguishing them from the subject matter is fundamental to understanding the issue. The following chapter is devoted to the Czech historical regulation of the concept of animal as its understanding changed in domestic civil law until the adoption of the current Civil Code. In its main parts (the third, fourth and fifth), the paper focuses on the current legal regulation of liability for injury...
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