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Real Estate Division of the garage area
Hrdličková, Eliška ; Klika, Rudolf (referee) ; Šmahel, Milan (advisor)
The thesis is focused on assessing the possibilities of real division garage area as the first choice to balance the case of co-ownership in the absence of agreement between the venturers. The theoretical part of the work is collected all available evidence on the assessed property, including the implementation of local investigation and assessment of whether the real property division garage complex at all possible. Subsequently valuation is made by dividing the area before, quantifying the costs of real division and valuation of real estate for newly created division of property according to the above shares.
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A Fair Division of Property in Settlement of Co-ownership - an Appartment House
Švancarová, Jana ; Pohl,, Petr (referee) ; Šmahel, Milan (advisor)
The thesis deals with the Equitable division of real estate property - estates with a residential object, the objective of the thesis is to assess the possibility of equitable division of property - estates with a residential building as a solution of the settlement of ownership of property among the co-owners. A part of the thesis is a proposal for solving an equitable division of a residential building. The thesis consists of two parts: the first part summarizes theoretical background of equitable division of property - estate with a residential building. The second, practical part deals with the proposal for equitable division of property, estates and a residential building, including a proposal for necessary construction alterations and assessment of estate prices and construction of residential building before and after the division, a part of the thesis is also the design of ownership and financial settlement of property between co-owners with regard to size of their shares.
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Formation and termination of marriage with respect to property issues
Kovandová, Radka ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
The purpose of my thesis entitled ,,Formation and termination of marriage with regard to the proprietary aspects" is the analysis of institutions of marriage and the community property. These institutions are characterized in terms of their formation, existence and termination. The thesis is composed of six chapters, for of them dealing with formation and termination of the marriage and two of them dealing with community property. Besides these six chapters the paper also contains the introduction and the conclusion. Chapter number one contains the formation of the marriage in terms of civil law, which is analyzed marriage, bethrothment, assumptions of marriage and nuptials (eligibility for marriage, wedding statement and celebration of a betrothal), proceedings before marriage (application and documents, certificates), special ways of marriage (formation of marriage by agent, formation of marriage abroad, formation of marriage in direct danger to life fiance) and legal consequences of nuptials. Chapter number two contains contains the formation of the marriage in terms of canon law. There is described concept of marriage in canon law, betrothal and marriage preparation, the main obstacles of marriage and formation of canon nuptials in terms of closure of the ordinary, extraordinary and secret...
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Community property focused on settlement after its termination
Linhartová, Aneta ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
The aim of my thesis is to analyse the new legal regulation of community property included in the "new" Czech civil code - Act No. 89/2012 Coll. - and in this connection, to focus mainly on the settlement after its termination. The new legislation of this issue is quite brief and there are many questions arising in this context which are not clear. The thesis is composed of nine chapters. Chapter one characterises the legal term of the community property and its basic features. Chapter two describes marital property relations in a historical context, beginning with their roots in the Roman law and continuing with particular historical periods of legal regulation of these relations on the territory of the current Czech Republic. Chapter three outlines an extent of the community property and its governance in the statutory arrangement. Chapter four is concerned with contractual modifications of the community property and with an arrangement established by a court decision. A part of this chapter also investigates a question of protection of third parties in the connection with the community property. Chapter five deals with possible ways how the community property terminates. It explores both the ways of the termination of the community property although marriage continues and the ways of the...
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The legal institution of settlement of property
Schützová, Petra ; Hendrychová, Michaela (advisor) ; Salač, Josef (referee)
The legal institution of settlement of property The aim of my thesis is to analyze the legal institution of settlement of property and the impact of the new civil code and its principles. The legal institution of settlement of property forms an essential part of the legal order and as such is an institution which is very important in a day to day life. My research seeks to characterize several types of this institution, to describe the different aspects of each of them and to compare the code civil in force and the new one, i.e. the civil code no. 40/1964 and civil code no. 89/2012. The thesis is composed of 7 chapters, each of them exploring different institution of settlement of property. The first chapter, as an introductory chapter, presents the basic principles, evolution and the changes in different types of settlement of property. Second chapter deals with the settlement of the ownership including settlement of residential property. In the next chapter I examine the settlement of tenancy by entirety, the duties and rights that are related to this institute. The fourth chapter characterizes the unjust enrichment and its settlement particularly in the context with the co-ownership. The fifth chapter focuses on inheritance and the following chapter deals with the claims arising from association....
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Formation and termination of marriage with respect to property issues
Kovandová, Radka ; Salač, Josef (advisor) ; Lederer, Vít (referee)
The aim of the rigorous thesis entitled Origin and termination of marriage with regard to property rights is the analysis of marriage institutes and marital property. These institutes are characterized in terms of their origin, duration and extinction. The work is divided into three large chapters, the first chapter deals with the origin and termination of marriage, the second chapter is devoted to the concept of marriage and the last chapter is devoted to the comparison of legal regulations in the Czech Republic, Germany, Austria and France. In addition to these parts, the work has an introduction at the beginning and a conclusion at the end. In Chapter 1 I analyze the regulation of marriage from the point of view of civil law. The chapter discusses the concept and purpose of marriage, engagement, procedure of marriage, prerequisites of marriage and marriage (marital capacity, marriage declaration and marriage ceremony), special ways of marriage (marriage representative, marriage abroad, marriage in direct threatening the life of the fiancé) and finally the legal consequences of marriage. Another area is to analyze the regulation in terms of canon law. In this part the concept of marriage by ecclesiastical law, engagement and preparation for marriage, obstacles to marriage and the formation of...
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Settlement of community property of spouses under current legal regulation
Macek, Radomil ; Salač, Josef (advisor) ; Šustek, Petr (referee)
This thesis deals with issues concerning community property of spouses with a special regard to its settlement. The objective of the thesis is to summarize the development of property regimes between spouses starting from community property up to the current legislation, that has been subjected to a detailed analysis and evaluated in the context of the previous regulation as well as other valid legal institutes, which are of matters similiar to those of community property settlement. The first chapter of the general part of the thesis provides a brief summary of previous regulation of matrimonial property regimes and focusing on three principal questions, namely the extent of community property of spouses, the possibility to adjust the extent of community property of spouses and the settlement of community property. The second chapter covers the principal concepts that are relevant to the settlement of community property of spouses. The key part of thesis begins with a summary of fundamental changes, concerning the community property settlement, that were established by the new Civil Code in 2014. The chapter dealing with the extent of community property of spouses first emphasizes the changes of the extent of community property, and then concentrates on the most important ones, that have influence...
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Community property focused on settlement after its termination
Linhartová, Aneta ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
The aim of my thesis is to analyse the new legal regulation of community property included in the "new" Czech civil code - Act No. 89/2012 Coll. - and in this connection, to focus mainly on the settlement after its termination. The new legislation of this issue is quite brief and there are many questions arising in this context which are not clear. The thesis is composed of nine chapters. Chapter one characterises the legal term of the community property and its basic features. Chapter two describes marital property relations in a historical context, beginning with their roots in the Roman law and continuing with particular historical periods of legal regulation of these relations on the territory of the current Czech Republic. Chapter three outlines an extent of the community property and its governance in the statutory arrangement. Chapter four is concerned with contractual modifications of the community property and with an arrangement established by a court decision. A part of this chapter also investigates a question of protection of third parties in the connection with the community property. Chapter five deals with possible ways how the community property terminates. It explores both the ways of the termination of the community property although marriage continues and the ways of the...
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