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Evaluation of condominium legislation
Koc, Petr ; Zvára, Michael (referee)
Evaluation of condominium legislation Abstract This diploma thesis deals with evaluation of current status of condominium legislation, as it is present in Civil code, its implementing government decree, apartment ownership act and other related legislation. The thesis focuses on evaluation whether the current state is usable by general public, that is by people not equipped with legal education and without the knowledge of related case law, as well as on pointing out the application difficulties that result from unclear or impractical settings in some areas. Such application difficulties are documented by discussions and faulty acts of public administration. The first main topic is division of single object of ownership - the house to individual objects - units. This part deals with the two parallel definitions of units, their mutual differences, questions related to ownership of some parts of the house. Following is the part dealing with common parts, including the question if some parts can be owned by only some of the co-owners of the house, and the question of what is the regime of land around the house. The second main topic addressed is the rights and obligations of unit owner and the way common parts are managed. This part discusses the lack of clarity in the possibility to use common parts and...
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Evaluation of condominium legislation
Koc, Petr ; Šustek, Petr (advisor) ; Salač, Josef (referee)
Evaluation of condominium legislation Abstract This diploma thesis deals with evaluation of current status of condominium legislation, as it is present in Civil code, its implementing government decree, apartment ownership act and other related legislation. The thesis focuses on evaluation whether the current state is usable by general public, that is by people not equipped with legal education and without the knowledge of related case law, as well as on pointing out the application difficulties that result from unclear or impractical settings in some areas. Such application difficulties are documented by discussions and faulty acts of public administration. The first main topic is division of single object of ownership - the house to individual objects - units. This part deals with the two parallel definitions of units, their mutual differences, questions related to ownership of some parts of the house. Following is the part dealing with common parts, including the question if some parts can be owned by only some of the co-owners of the house, and the question of what is the regime of land around the house. The second main topic addressed is the rights and obligations of unit owner and the way common parts are managed. This part discusses the lack of clarity in the possibility to use common parts and...
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The apartment ownership and apartment owner's association according to the present and newly proposed legislation
Džuganová, Jana ; Salač, Josef (advisor) ; Frinta, Ondřej (referee)
The thesis is concerned with the institute of the flat ownership and legal regulation of apartment owner's association. With respect to the extent of aforesaid theme the thesis describes only selected problems, for example the concept and the content of the flat ownership, the concept of the residential unit, the co-ownership of common parts of the residential building, the character of apartment owner's association, its legal personality, membership in apartment owner's association and its organizational structure. The thesis was prepared before the effectiveness of the Civil Code No. 89/2012. That is the reason why the thesis is focused on legislation effective before the effectiveness of the new Civil Code. The thesis is at the same time focused on the new Civil Code content. The objective of the thesis is among others to refer to defects of legal regulation of the flat ownership and apartment owner's association contained in the code No. 72/1994, the Flat Ownership Code. Afterwards the thesis describes how are the objective matters regulated by the new Civil Code. Another aim of the thesis is to find out how and in which way does the new legislation resolve the defects of the previous legislation.
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Owhership of flats
Přibil, Jan ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
Ownership of Flats Summary In his diploma thesis "Ownership of Flats", the author focuses on applicable law of flat ownership in the Czech Republic, especially the Flat Ownership Act 72/1994 Sb. The author puts the contemporary regulation in historical context; he describes the theoretical principles underlining the current applicable law and defines in detail the basic legal terms used by the Flat Ownership Act. Original and derivative forms of flat ownership acquisition are explained, namely a contract of construction, a contract of sale and a so-called declaration of the house owner. Forms of cessation of flat ownership are briefly described. The author provides an analysis of general owner's rights and specific owner's rights and duties regulated by the Flat Ownership Act. A significant part of the thesis is dedicated to the analysis of the legal framework regulating the legal entity of commonhold association, the residents' management corporation. Provisions of the Flat Ownership Act regulating the internal organisation of commonhold association are critically discussed in relation to the rights and duties of the respective flat owners. The author points out the shortcomings of the statutory regulation of the commonhold association's internal structure and describes practical problems caused by these...
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Rights and duties of a member of the association of owners of (residential) units
Šebesta, David ; Oehm, Jaroslav (advisor) ; Černá, Stanislava (referee)
Rights and duties of the member of Flat owners association The purpose of my thesis is to focus on applicable law in the Czech Republic, particularly the Flat Ownership Act 72/1994 Coll. and analyze the rights and duties of the members of Unit owners association. The reason for my research is that the flat ownership and housing is one of the most important sector which affects the general public. The thesis is composed of three chapters, each of them dealing with aspects of flat ownership. Chapter one informs about historical context of housing and tries to introduce the flat ownership in general. Thesis provides information about contemporary regulation and also about relevant provisions of new coming civil code which will be applicable by 1 January 2014. Next chapter is introductory to Flat owners association and defines basic terminology. It explains a legal framework regulating the legal entity of the association and regulation of common property management. Including the internal structure and describes some relevant issues in respect with Flat owners association. Last chapter is most significant part of the thesis. The main aim is to analyze the rights and duties of flat owners and especially the members of flat owners association. The thesis concentrates on problems resulting from this...
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Ownership of flats
Stehlík, Václav ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
Flat ownership The theme of this thesis is flat ownership. The author has chosen this theme because it is very current and from the legal point of view also very interesting issue, which affects the major part of the population of the Czech Republic. The main objective of this work is to analyze the Institute's flat ownership in terms of the Flat Ownership Act. Furthermore, to highlight some problematic points in the regulation of housing ownership, to comment and suggest possible solutions with regard to case law and opinions of authors specializing in issues of housing ownership. This work consists of eight chapters. The first chapter deals with basic theoretical concepts of flat property, important for understanding the specific nature of the Institute's flat property. Such basics also may serve as a guide for policymakers in the design of legislation on housing. Then continues the second chapter, which talks about the concept of law based on flat ownership, its applicability and relationship to the Civil Code and other regulations. The third chapter focuses on the definition of specific terms related to the issue of flat property, such as: building, section, house, unit, flat, flat under construction, floor area of a flat, common space in building and land. The following fourth chapter is...
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Owner occupied housing in the Czech Republic
Vašák, Michal ; Mates, Pavel (advisor) ; Toth, Petr (referee)
My diploma thesis deals with the issue of owner occupied housing in the Czech Republic. Attention is paid to the general importance of the provision of housing with emphasis on the social, economic and especially the legal aspects with respect to the rights that are granted by the Constitution and the Bill of Rights. It describes in brief the development of flat ownership since the 60's and the role of the state in the housing policy, particularly with the aim to bring attention to the existing legal regulation of this area -- the Flat Ownership Act. The main part of the thesis focuses on the legal regulation of flat ownership which draws on the dualistic concept of house co-ownership and the related ownership of a housing unit (apartment or non-residential area). Emphasis is put on the legal status of flat owners, the summary of rights and obligations that arise from ownership of a flat as a specific subject of property ownership. The ways in which flat ownership rights are formed are presented with regard to the consequences of the ownership rights being entered in the Land Registry. The creation, operation and the position of a Home Owners Association, a body corporate, which is established by law to manage dwelling houses, is presented particularly in relation to a specific flat owner. In this respect, as well as in other sections, the thesis follows the practice of the Constitutional Court and the Supreme Court that has considerable effect on the interpretation of law and the protection of rights and obligations pertaining to particular owners in exercising their property rights.
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