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Legal Regulation of Expropriation for the Construction of Traffic Infrastructure
Šestáková, Romana ; Superatová, Alena (referee) ; Hanák, Jakub (advisor)
This master´s thesis deals with a legal regulation of expropriation for construction of traffic infrastructure. Basic related terms such as ownership, property, a building, public works etc. are defined in the first part. The second part deals with the historic development of expropriation. The third part discusses the purposes and aims of expropriation, the term “public interest” and harmony of the aims and tasks of zoning. A special part is devoted to the expropriating proceedings, the principles of the expropriating proceedings, the participants of the proceedings etc. The last part deals with the possibility of expropriation for the purpose of construction of traffic infrastructure and the specifics related to this issue.
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Expert activities in expropriation proceedings
Veselá, Kateřina ; Bártů, Dominik (referee) ; Šestáková, Romana (advisor)
This diploma thesis deals with expert activities, which are following the connection with expropriation process. The work is divided into three parts, each of them is targeted by specification and contant. First are analyzed the basic related concepts of this thesis, the continuence of expropriation process and historical background of expropriation. Attention is also paid to the protection and limitation of proprietary rights. The second part deals with expert activity and status in the expropriation process. The final part of the thesis is a purely practical one. The content is related to the creation of a practice expert judgement for expropriation purpose, from which describe its structure.
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Expert activity in the expropriation proceedings
Kožušníková, Lucie ; Gardášová, Alena (referee) ; Superatová, Alena (advisor)
The aim of this thesis is to define the position of an expert on an expropriating proceedings and creating an expert opinion for these uses. In the theoretical part the definitions connected to expropriation and expropriating proceedings are explained. An expert activity and an expert opinion are defined in other chapters in the theoretical part. Last two chapters deal with transportation infrastructure and evaluating of the immovable assets where there are the established price, the common price and the ways of evaluating. The practical part of the thesis is devoted to the expert opinion in expropriating proceedings. The established price, the standart price of expropriated immovable assests and compensation for moving are set in a comparing way within the expert opinion.
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Legal Regulation of Expropriation from the Investor's and Expert's Perspective
Tesařová, Zdeňka ; Superatová, Alena (referee) ; Hanák, Jakub (advisor)
The thesis deals with the institution of expropriation and explanation of basic terms. Subsequently is explained the enactment of the institution of expropriation focusing the role of the investor and the expert. Expert sets according to the expertise report the amount of compensation for expropriation and expenses connected with it. It also specifies the participation and tasks of the investor, who enters the expropriation. The aim of this thesis is to take into account questionable aspects of participation of the investor and the expert in the expropriation proceedings and to adumbrate their possible solutions.
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Expert activities in expropriation proceedings
Hanák, Michal ; Šestáková, Romana (referee) ; Superatová, Alena (advisor)
The theme of this work is expert activities in the expropriation proceedings. In the first part of this paper will focus generally on expropriation and on terms that are associated with this institute. I will also consider the purpose of expropriation and the laws under which it is possible to carry out the expropriation. A description of the actual course of the dispossession, respectively. expropriation under the Expropriation Act. In the next section I will deal with expert activities in the expropriation proceedings, ie the status of an expert in the expropriation proceedings, the structure of the expert report and its appurtenances and eventually own appreciation for the expropriation proceedings. In the last part of this work create a training expert opinion for the purpose of expropriation, which is evident from its structure.
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Expropriation in environmental protection
Blaschke, Marek ; Fabšíková, Tereza (advisor) ; Sobotka, Michal (referee)
1 Expropriation in environmental protection Abstract This diploma thesis deals with the issue of the institute of expropriation and its possible use in the context of environmental protection. Expropriation is a legal instrument that interferes with the property right to achieve a specific purpose in the public interest. It is the instrument ultima ratio, which is only used subsidiarily, unless other tools lead to achieve the desired purpose. The aim of this work is to analyze the legal regulation of expropriation and answer the question of whether the czech law provides legal support for the use of this institute for environmental protection. In addition to the introduction and conclusion, the diploma thesis is divided into two main parts. The first part is paid to the definition of the concept of expropriation and its general regulation contained in the Expropriation Act. Greater attention is dedicated to the constitutional and legal conditions of expropriation, which must be fulfilled for the possible interference with the right of property. The constitutional conditions are the public interest, legal basis and compensation. It is the public interest that is the interconnection of expropriation and environmental protection, because it is undoubtedly a public interest. In the second part there are...
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Expropriation of rights to land
Meitner, Luděk ; Žákovská, Karolina (advisor) ; Franková, Martina (referee)
Expropriation of rights to land Abstract This diploma thesis deals with the legal institute of expropriation. As defined in the Act No. 184/2006 Sb., Expropriation Act, expropriation is forced withdrawal or restriction of ownership to land (or structure) and of right corresponding to servitude to that land (or structure) and subsequent transfer of ownership or acquirement of right corresponding to servitude by someone else. Therefore, at the beginning I am introducing land (including all its components, particularly structures, and closely related terms - ground and plot), which is the most common object of expropriation. Essential part of this thesis however presents each requirement for lawful expropriation, expropriation proceedings and related judicial review of expropriation decision in order to assess statutory regulation of this complex topic on the basis of suitability, conformity with the constitutional order of the Czech Republic and case law of the European Court of Human Rights and the ability to fulfil its purpose - timely execution of projects that are beneficial to the public good (while also keeping essential rights of the expropriated unaffected by such execution). If necessary, I am also proposing possible changes to statutory regulation. Expropriation however is not covered only by one...
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International Investment Protection from Expropriation
Štefánková, Iveta ; Balaš, Vladimír (advisor) ; Šturma, Pavel (referee)
International investment law has become increasingly prominent in the international legal order. This thesis explores specific and topical problem of international expropriation law, with the main focus on the vast network of international investment agreements (IIAs) supplemented by the general rules of international law. The thesis traces the context and evolution of the protection of foreign investments in response to the transformation of state liability in international law. Particular consideration is given to the relationship between the International Minimum Standard (IMS) and the Calvo Doctrine as two clashing descriptive statements of customary international law governing the treatment of foreigners and their assets. With the onset of the BIT generation, the economical accountability of states is examined in compliance with the scope and conditions defined in clauses and provisions of the contemporary investment treaties. In addition, the thesis focuses on the substantive protection accorded to foreign investors and investments. The aim is to identify the limits of the state's right to expropriate foreign investments by imposing legality requirements standard. The requirements for lawful expropriation are addressed with a thorough examination of jurisprudence of international courts and...
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