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Principle of superficies solo cedit and its importance in land law
Štěpánková, Jana ; Franková, Martina (advisor) ; Žákovská, Karolina (referee)
The aim of the thesis is to describe the concept of the superficial principle in the valid legal regulation and its influence on land law relations. As a result of the reintroduction of the superficial principle into the legal order of the Czech Republic by Act No. 89/2012 Coll., The Civil Code, all that is associated with the earth's surface becomes part of the given land. The thesis is divided into five structured chapters. The first chapter is devoted to land law as an interdisciplinary law system. The aim of second chapter is to explain the key importance of the superficial principle within the context of land law. The third chapter deals with the historical background of the development of legal relations to immovables in the territory of the Czech lands, also including the introduction of the Roman settlement as the basis of the superficial principle. The next part of the thesis contains the interpretation of the most important legal institutes related to the superficial principle in the context of the valid law. The chapter further describes exceptions to the principle. The fifth part of the thesis is focused on the analysis of selected land law relations influenced by the superficial principle.
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The State Land Office
Pernicová, Martina ; Franková, Martina (advisor) ; Žákovská, Karolina (referee)
As a subject of this thesis I have chosen the newly formed State Land Office. The aim of this work is to give a complex analysis of its formation, organization, working and activity conferred by law with an emphasis on takeover of activities from the Land Fund of Czech Republic and also transformation of activity and function of State Land Office in response to the new act no. 185/2016 Coll. which amends act no. 503/2012 Coll., concerning State land office and also Land act no. 229/1991 Coll. The main body of this thesis represents a description of: contractual transfers of the agricultural land which is part of the agricultural land fund, and transfers of the other land; restitution of property confiscated by the state to natural persons and churches and religious societies in the decisive period from February 25, 1948, to January 1, 1990; evaluation of differences in the settlement of restitution claims of natural persons and churches with the state; privatization of the state property; elementary and complex land consolidation; The thesis is divided into seven chapters. At first, I focus on the explanation of basic terminology and institutes to give the reader their meaning in the Czech legal doctrine. In the second chapter, I describe the transformation of the Land Fund of the Czech...
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Legal regime of mining related land
Sochovský, Vít ; Drobník, Jaroslav (advisor) ; Franková, Martina (referee)
This diploma thesis deals with legal regulation of lands affected by mining activities. These activities, predominantly the extraction of minerals are by their nature very closely related to soil and land. The thesis offers a comprehensive view of the legal relations in the process of mining - from prospecting and exploration of mineral deposits to mine closure - while it discusses the key issues from the perspective of the land owner as well as the mining companies. Legal relations arising from mining activities are significantly influenced by the character of mining. Mining interferes with rights and interests related to land and ownership of land which gives rise to certain conflicts. Mining companies' interests come very often into conflict with interests of the owner of the land where the mineral deposit is located. The legal relations are further complicated by the position of the state who acts as an owner of mineral wealth and an authority defending public interests. The introductory chapter of the thesis defines the terms that are essential for the selected topic. The content of the next chapters corresponds with phases of mining activities as they are carried out in reality. Prospecting and exploration of exclusive deposits represents the first phase of mining activity. In the chapter...
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Legal principle of superficies solo cedit and its significance in land law
Švarc, Ondřej ; Franková, Martina (advisor) ; Žákovská, Karolina (referee)
The topic of this thesis is the return of the legal principle of superficies solo cedit into the Czech legal order. The thesis aims at the comprehensive overview and the analysis of the issue of this principle based on its inclusion both in the historical and contemporary context. Another objective of this thesis is to look at the registration of the principle, including related institutes, into the public register - the cadastre of real estates. This thesis is divided into three parts. The first part of this thesis follows the development of the superficial principle across the history, including the comparison of its use in given legal orders. This section begins with a glance at Roman private law and its selected institutes which have been incorporated into modern Czech private law by the reception of Roman law. The room will be also given to the law of the Habsburg monarchy and the provisions of the ABGB, civil code that has been valid on our territory until the 1950. The last chapters of this part are devoted to land law in the socialist Czechoslovakia and, in particular, to the 1964 Civil Code. The following section is the core chapter of this thesis. It aims to offer a comprehensive view of the re-establishment of the superficial principle in the context of not only the 2012 Civil Code...
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Legal principle of superficies solo cedit and its significance in land law
Švarc, Ondřej ; Franková, Martina (advisor) ; Žákovská, Karolina (referee)
The topic of this thesis is the return of the legal principle of superficies solo cedit into the Czech legal order. The thesis aims at the comprehensive overview and the analysis of the issue of this principle based on its inclusion both in the historical and contemporary context. Another objective of this thesis is to look at the registration of the principle, including related institutes, into the public register - the cadastre of real estates. This thesis is divided into three parts. The first part of this thesis follows the development of the superficial principle across the history, including the comparison of its use in given legal orders. This section begins with a glance at Roman private law and its selected institutes which have been incorporated into modern Czech private law by the reception of Roman law. The room will be also given to the law of the Habsburg monarchy and the provisions of the ABGB, civil code that has been valid on our territory until the 1950. The last chapters of this part are devoted to land law in the socialist Czechoslovakia and, in particular, to the 1964 Civil Code. The following section is the core chapter of this thesis. It aims to offer a comprehensive view of the re-establishment of the superficial principle in the context of not only the 2012 Civil Code...
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Principle of superficies solo cedit and its importance in land law
Štěpánková, Jana ; Franková, Martina (advisor) ; Žákovská, Karolina (referee)
The aim of the thesis is to describe the concept of the superficial principle in the valid legal regulation and its influence on land law relations. As a result of the reintroduction of the superficial principle into the legal order of the Czech Republic by Act No. 89/2012 Coll., The Civil Code, all that is associated with the earth's surface becomes part of the given land. The thesis is divided into five structured chapters. The first chapter is devoted to land law as an interdisciplinary law system. The aim of second chapter is to explain the key importance of the superficial principle within the context of land law. The third chapter deals with the historical background of the development of legal relations to immovables in the territory of the Czech lands, also including the introduction of the Roman settlement as the basis of the superficial principle. The next part of the thesis contains the interpretation of the most important legal institutes related to the superficial principle in the context of the valid law. The chapter further describes exceptions to the principle. The fifth part of the thesis is focused on the analysis of selected land law relations influenced by the superficial principle.
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The State Land Office
Pernicová, Martina ; Franková, Martina (advisor) ; Žákovská, Karolina (referee)
As a subject of this thesis I have chosen the newly formed State Land Office. The aim of this work is to give a complex analysis of its formation, organization, working and activity conferred by law with an emphasis on takeover of activities from the Land Fund of Czech Republic and also transformation of activity and function of State Land Office in response to the new act no. 185/2016 Coll. which amends act no. 503/2012 Coll., concerning State land office and also Land act no. 229/1991 Coll. The main body of this thesis represents a description of: contractual transfers of the agricultural land which is part of the agricultural land fund, and transfers of the other land; restitution of property confiscated by the state to natural persons and churches and religious societies in the decisive period from February 25, 1948, to January 1, 1990; evaluation of differences in the settlement of restitution claims of natural persons and churches with the state; privatization of the state property; elementary and complex land consolidation; The thesis is divided into seven chapters. At first, I focus on the explanation of basic terminology and institutes to give the reader their meaning in the Czech legal doctrine. In the second chapter, I describe the transformation of the Land Fund of the Czech...
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Land law and legal relations to cultivated plants
Prát, Eduard ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
This diploma thesis deals with the land law issue and legal relations to planted crops, to be more precise, vegetation which is located on a land. It puts emphasis on systematically grown plants and ownership of plants and their fruits. Land law is one of the most important sectors of civil law. Since the Act. No. 89/2012 Sb., the Civil Code, has brought a staggering alteration to the sector of land law, the thesis is concerned with land law in compliance with this new law in the way that causal link and news in this area could be distinctly understandable. This thesis is also focused on applicable case law and, in some places, on the legislation of the First Republic and of the Austro-Hungarian Empire, which is followed by many institutes. The content of the thesis is divided into four main chapters, that are further subdivided into two levels of subchapters, and a conclusion. The first main chapter is dedicated to a basic division, sources, initial institutes and an introduction to the whole topic. The thesis is concerned with legal theory to the extent that is needed for the purpose of studying land law and legal relations to vegetation. The second chapter provides historical information necessary for understanding further development in the field of land law and understanding the current...
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Water works related land
Heská, Zlatuše ; Humlíčková, Petra (advisor) ; Sobotka, Michal (referee)
The thesis discusses the rights and responsibilities of landowners and water works, from the perspective of both public and private law. Defines land as an object of ownership, defines terms waterworks and focuses on the institutions of the interaction of land and water works. In detail discusses mode of buffer zones, land servitudes and obligations in relation to flood protection.
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Legal regime of mining related land
Sochovský, Vít ; Drobník, Jaroslav (advisor) ; Franková, Martina (referee)
This diploma thesis deals with legal regulation of lands affected by mining activities. These activities, predominantly the extraction of minerals are by their nature very closely related to soil and land. The thesis offers a comprehensive view of the legal relations in the process of mining - from prospecting and exploration of mineral deposits to mine closure - while it discusses the key issues from the perspective of the land owner as well as the mining companies. Legal relations arising from mining activities are significantly influenced by the character of mining. Mining interferes with rights and interests related to land and ownership of land which gives rise to certain conflicts. Mining companies' interests come very often into conflict with interests of the owner of the land where the mineral deposit is located. The legal relations are further complicated by the position of the state who acts as an owner of mineral wealth and an authority defending public interests. The introductory chapter of the thesis defines the terms that are essential for the selected topic. The content of the next chapters corresponds with phases of mining activities as they are carried out in reality. Prospecting and exploration of exclusive deposits represents the first phase of mining activity. In the chapter...
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