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Specifics of disputes on the substitution of the will of the obliged person under the Land Act
Štorkán, Radek ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
1 Specifics of disputes on the substitution of the will of the obliged person under the Land Act Abstract This thesis deals with the nature and effects of the judgments as a basis for transferring ownership of corresponding lands as a replacement for lands to which the ownership right could not be restored. The aim is also to give a comprehensive interpretation of the specifics of replacement disputes and at the same time to analyse whether these specifics determine the constitutive nature of replacement judgments. In order to be consistent and complete, the thesis focuses on procedural issues as well as, to the extent necessary, on related substantive issues. The thesis also analyses and evaluates the legal opinions of the case law, which the author also confronts with competing considerations, legal opinions and his own reasoning. The thesis is divided into eight chapters. The content of the first chapter is devoted to a necessary and brief introduction to the issue of agricultural restitution under the Land Act. This matter is necessary to understand the context and the basis for the discussion of disputes for the substitute enforcement of the restitution claims. This chapter also deals with the creation of a restitution claim and the procedures for its enforcement. The second chapter discusses the...
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Privatization of the housing stock of the new German Länder after 1990
Plhák, David ; Kunštát, Miroslav (advisor) ; Kučera, Rudolf (referee)
The thesis deals with privatisations of housing stock in the new federal states of the Federal Republic of Germany from 1990 to 2008. Aim of this thesis is to outline the development of privatisation processes and to assess their impact on the development of the housing stock. The thesis first outlines the political context of German reunification and the initial condition of the housing stock in the new Länder. First part of the thesis is dedicated to the "first wave" of privatisations, which were part of the transformation of the housing stock of new Länder into a market economy. This section outlines the legal framework of the privatisations and their course in the 1990s. Following section of this part elaborates on restitutions, which were part of the transformation-process as a specific form of privatisation of housing. The first part concludes with an assessment of the impact of privatisations on the development of the housing stock in the 1990s. The second part focuses on the "second wave" of privatisations of the municipal housing stock, which began at the turn of the millennium. The primary motivation of these privatisations was no longer the transformation of the housing market, but rather efforts to stabilise the budgetary situation of towns and municipalities. These privatisations took...
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The matter of the restitution of the church property after 1989
Karola, Petr ; Kudrna, Jan (advisor) ; Pavlíček, Václav (referee)
The theme of the thesis: ,,The matter of the restitution of the church property after 1989", has been chosen due to the interesting public debate about this topic, which is very interesting, topical, sharp and clearly very controversial. The importance of the issue adds its development, while there are still continually opened new aspects and perspectives of this topic. The topic is significant by ambivalence of opinions, basically a certain helplessness and by the sharp clashes of the different opinions of the professional community. The cause is very simple. It is a problem with very complex historical and legal background. The diploma thesis attempts to uncover the background of the preparation of the restitution process and of the separation of the church and state after the 1989 including their historical background and important constitutional aspects. My goal was to describe a path which led to the enactment of the law about the property settlement with the churches and religious societies in 2012. The intention of this paper is not to cover all aspects of this topic, after all that is impossible in frame of one diploma thesis, but it should provide the reader a formally complex material which clarifies the causes and consequences of the enactment of the Act no. 428/2012 coll., about the...
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Nationalization and confiscation between 1945 and 1948
Holfeld, Christian ; Kuklík, Jan (advisor) ; Skřejpková, Petra (referee)
The diploma thesis deals primarily with the so-called first stage of the nationalization process in Czechoslovakia, which took place between 1945 - 1948, and the post-war confiscations of the same period, as well. The objective of the thesis is particularly to describe and analyze the then relevant legal regulations and place them adequately in the historical context. The content of the five thematic chapters is adapted to this topic. First, it attempts to define the basic concepts of nationalization, appropriation, socialization, expropriation and confiscation. Subsequently, it examines the basic historical roots of the concept of nationalization. It does so especially by comparing the approaches to proprietary rights through the prism of two dominant ideologies, namely liberalism and socialism. The core of the thesis consists of the nationalization and confiscation decrees themselves and the issues related. The National Institute of Administration was closely associated with this issue, as well. From the legislator's point of view, it was also necessary to distinguish which assets were to be confiscated and which, on the other hand, nationalized. The film industry first, followed by mines and large industrial enterprises, the food industry, banking and insurance companies were subject to...
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State Land Office
Váňová, Miroslava ; Franková, Martina (advisor) ; Fabšíková, Tereza (referee)
State Land Office Abstract This thesis is dedicated to the State Land Office of the Czech Republic, which was established on the basis of Act No. 503/2012 Coll. As an administrative office with a broad scope, it is impossible to deal with all the aspects of the State Land Office in detail and thus provide a thorough analysis within this thesis. Therefore, the aim of this thesis is to provide a general introduction of the State Land Office - its establishment, place within the system of state administration, organisational structure and its main scope. This thesis is divided into six parts. The first part is dedicated to a general characteristic of the State Land Office. First of all, the transformation of the Land Fund of the Czech Republic and the establishment of the State Land Office of the Czech Republic is briefly described, following its placement within the system of public administration, respectively government of the Czech Republic. A large segment of the first part of the thesis then follows a detailed description of the organisational structure of the State Land Office. The following parts are dedicated particularly to the main scope of the State Land Office, which I consider to be agricultural and church restitution, administration of state property according to Act No. 503/2012 Coll. and land...
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The Restitution Titles according to the Act on the Property Settlement with Churches and Religious Societies
Pultznerová, Hana ; Salač, Josef (advisor) ; Zvára, Michael (referee)
Mgr. Hana Pultznerová: "Restitution titles according to the Act on Property Settlement with Churches and Religious Societies" Abstract I chose "Restitution titles according to the Act on Property Settlement with Churches and Religious Societies" as a theme of my thesis. The first part of the thesis contains a historical excursion, which describes the origin of historical property of churches and the process of settlement of church restitutions in the Czech Republic. Well-deserved space is devoted to the case law of the Constitutional Court, which has played an irreplaceable role in the process of church restitution. Another introductory topic is a description of an Act No. 428/2012 Coll., on property settlement with churches and religious societies. The law is not a pure restitution regulation, because in addition to the restitution of property to church legal entities, it also grants financial settlement, which leads to the complete separation of church and state. I deal with the basic principles of the law, the method of restitution and further financial settlement with church entities. We will find out who is the person obliged to transfer the original property of the churches and who is entitled to ask the transfer of the property. I also deal with the process of transfer agricultural and non-...
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Analysis of the legal regulation of the extradition of monetary compensation from the budget of The State land agency office
Trübenekrová, Anna ; Boháč, Radim (advisor) ; Marková, Hana (referee)
Name: Analysis of the legal regulation of the extradition of monetary compensation from the budget of The State land agency office Abstract: The diploma thesis called Analysis of the legal regulation of the extradition of monetary compensation from the budget of The State land agency office is to investigate the issue of monetary restitution compensation of beneficiaries under the Land Act and to find out the real impact of the amount of already issued monetary compensation and the impact of the amount of restitution claims so far established on the budget of the State Lend Office as an organizational unit of state. The State Land Office is currently deals with the settlement of restitution claims of beneficiaries under the Land Act. Restitution claims under the Land Act are settled in several ways. In this diploma thesis I work mainly with the form of monetary compensation. The main methods used in diploma thesis are the analysis of the whole issue and the synthesis of individual phenomena. In order to carry out the whole analysis, the thesis focused on the development of the amount of monetary compensation for the entire period of effect of the Land Act, i.e. for the years since 1991 up to this day. The restitution compensation process has already been under the agenda of three different institutions (The...
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Legal and Historical Background of Shortcomings and Problems of State Property Privatization after 1989
Šorf, Jiří ; Kuklík, Jan (advisor) ; Vochozka, Marek (referee) ; Soukup, Ladislav (referee)
v anglickém jazyce Legal and Historical Background of Shortcomings and Problems of State Property Privatization after 1989 The Doctoral Thesis provides a comprehensive analysis of the legal - historical background of the shortcomings and problems of the process of privatization of state property after 1989 in the Czechoslovak (Czech) Republic in relation to each of the fundamental privatization methods - i.e. small privatization, large privatization (inl. coupon privatization) and restitution. The Doctoral Thesis introduces the historical context of the adoption of relevant legal norms, then provides a detailed legal analysis of their shortcomings and focuses on problems induced by their application. With regards to the identified shortcomings and problems, the Doctoral Thesis analyzes the forms of their mitigation; i.e. addresses the not only the amendments of the respective privatization legal acts, but also the decisions of the general courts as well as the Constitutional court which contributed to their righteous interpretation. Despite the fact that from the time perspective, the first half of 90- s is the decisive period for the Doctoral Thesis, one can identify several overlaps until the present time given by the inconclusive character of several privatization processes. The remarkable...
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