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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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Superficies síolo cedit principle
Sita, Martin ; Dvořák, Jan (advisor) ; Elischer, David (referee)
This thesis focuses on the "superficies solo cedit" principle, known since the times of the Ancient Rome and further adopted in civil law codexes, and according to which buildings are considered a part of the land on which they are built. The "superficies solo cedit" now becomes - after more than sixty years - a part of Czech law again thanks to the Section 506 of the NCC. This thesis divided into two main sections. The first section deals with historical aspects of the above principle through a timeline. In this section the Author explores the causes of the above principle in the Roman-law, investigates the regulation contained in the in the Austrian ABGB and looks at the efforts to implement the above principle into Czech private law in the period following the First World War. This section also covers the era following the Second World War when the efforts to implement the above principle came to a halt thank to Communist's successful rise to power and subsequent ideological changes resulting in complete abandonment of the above principle in Czech law. The Civil Code from 1964 for example completely lacked the above principle. This has been changed by the adoption of the New Civil Code 2014 ("NCC") which expressly references itself to the tradition of the Austrian ABGB from 1811. The Second...
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Principle of superficies solo cedit
Vrána, Tomáš ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
This thesis is focused on the superficies solo cedit principle which was already known in Roman law and which expresses the rule that the surface yields to the ground. As a result of this rule, everything that is built on the land and that grows up naturally there belongs to the owner of the land. The aim of the thesis is to describe origin and historical development of the superficies solo cedit principle, subsequently to present its current expression in the legal order of the Czech Republic and to identify its problems, and, finally, to point out the effects of the restoration of the superficies solo cedit on the Czech legal system. The thesis is divided into seven separate chapters. Chapter One describes the expression and development of the superficies solo cedit principle in the Roman law. Chapter Two particularly deals with the ABGB Code from 1811 which was valid in the area of today's Czech Republic until 1950 and which significantly influenced the current Czech Civil Code. This chapter also includes analysis of provisions dealing with superficies solo principle and other relating terms, some of which were an inspiration for current Czech legislation. Third chapter explains the reasons for abandoning of superficies solo cedit principle in Civil Code No. 141/1950 Coll. and its consequences....
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Principle of superficies solo cedit
Janíčková, Lucie ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
This diploma thesis deals with the principle of superficies solo cedit, whose roots go back to Roman law. The principle, which can be translated as "the surface gives way to the ground", expresses the rule according to which the land includes everything that arises on it, whether in a natural or artificial way. In the history of the Czech lands, the principle was applied under the General Civil Code from 1811 until the adoption of the Civil Code of 1950. On the contrary, this Code applied the opposite principle and thus introduced separate ownership of land and buildings. The principle returned to our legal system with the adoption of Act No. 89/2012 Coll., The Civil Code. The aim of this thesis is to present the principle in a historical context, to give an explanation of its current form and to specify the problems that arose with the adoption of the principle of superficies. The diploma thesis is divided into four main chapters. The introductory part deals with the historical development of the principle. First, it provides an interpretation of Roman law, in which some important sources of Roman law are discussed. Within the interpretation of the legal history of the Czech lands, attention is focused mainly on the General Civil Code of 1811, which was the first to introduce the application of the...
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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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Superficies síolo cedit principle
Sita, Martin ; Dvořák, Jan (advisor) ; Elischer, David (referee)
This thesis focuses on the "superficies solo cedit" principle, known since the times of the Ancient Rome and further adopted in civil law codexes, and according to which buildings are considered a part of the land on which they are built. The "superficies solo cedit" now becomes - after more than sixty years - a part of Czech law again thanks to the Section 506 of the NCC. This thesis divided into two main sections. The first section deals with historical aspects of the above principle through a timeline. In this section the Author explores the causes of the above principle in the Roman-law, investigates the regulation contained in the in the Austrian ABGB and looks at the efforts to implement the above principle into Czech private law in the period following the First World War. This section also covers the era following the Second World War when the efforts to implement the above principle came to a halt thank to Communist's successful rise to power and subsequent ideological changes resulting in complete abandonment of the above principle in Czech law. The Civil Code from 1964 for example completely lacked the above principle. This has been changed by the adoption of the New Civil Code 2014 ("NCC") which expressly references itself to the tradition of the Austrian ABGB from 1811. The Second...
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|
|
Principle of superficies solo cedit
Vrána, Tomáš ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
This thesis is focused on the superficies solo cedit principle which was already known in Roman law and which expresses the rule that the surface yields to the ground. As a result of this rule, everything that is built on the land and that grows up naturally there belongs to the owner of the land. The aim of the thesis is to describe origin and historical development of the superficies solo cedit principle, subsequently to present its current expression in the legal order of the Czech Republic and to identify its problems, and, finally, to point out the effects of the restoration of the superficies solo cedit on the Czech legal system. The thesis is divided into seven separate chapters. Chapter One describes the expression and development of the superficies solo cedit principle in the Roman law. Chapter Two particularly deals with the ABGB Code from 1811 which was valid in the area of today's Czech Republic until 1950 and which significantly influenced the current Czech Civil Code. This chapter also includes analysis of provisions dealing with superficies solo principle and other relating terms, some of which were an inspiration for current Czech legislation. Third chapter explains the reasons for abandoning of superficies solo cedit principle in Civil Code No. 141/1950 Coll. and its consequences....
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