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The issue of constructions on the land of another
Novotná, Veronika ; Drobník, Jaroslav (advisor) ; Franková, Martina (referee)
Diploma thesis deals with the issue of constructions on the land of another. At first the thesis focuses on definition of basic terms, i.e. the construction and the building plot. In the following text is concerned about permission to build. Attention is focused on three types of titles of use - lease, easement and of peripheral importance, loan of land, which is not given a full explanation, but only focusing on issues related to the topic of work. To the previous issues link two institutes which deal with third and fourth chapter - authorized and unauthorized construction. Authorized construction is current problem in the future and therefore it is very noticeable lack of explicit rules that must be compensated for general rules of unjust enrichment. The chapter on unauthorized construction is divided into sections according to the character of each "type", i.e. whether the construction is movable thing or realty and whether the authorization to construction lacked from outset or dropped out after the construction was built. Last but not least the work deals with public-law issues and also the role of public law in the formation of conditions for the rise of construction - in the chapter devoted to building plot, and also issues permission to build as a public-law act, which makes possible to...
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Construction entitlement and construction permit
Grym, Christian ; Franková, Martina (advisor) ; Sobotka, Michal (referee)
This diploma thesis is focused on legal aspects of a private and public construction law from builder's perspective with a special emphasis on several current issues of Czech legislation and jurisprudence. As its name suggests this thesis is divided into two parts which corresponds to construction entitlement and construction permit. The first part of the thesis is comparison of terms land and building within different legal regulations. These two terms are highly important because they represent a normative basis for the issue. Subsequently, the most frequent private- law titles, entitling the construction of a building, together with the institutions of usucaption and the problem of unauthorized construction, which are very closely related to these titles, are analyzed. The core of this thesis is the second part, dealing with spatial planning, planning proceeding and construction permitting. These partial problems are analyzed in a timeline as they naturally follow from one viewpoint of the builder. While less emphasis is placed on spatial planning and construction permits, a deeper analysis is devoted to the planning proceeding. This fact has its merit, because from the procedural point of view, the planning proceeding is of the greatest importance and also has a close connection with a...
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The issue of constructions on the land of another
Novotná, Veronika ; Drobník, Jaroslav (advisor) ; Franková, Martina (referee)
Diploma thesis deals with the issue of constructions on the land of another. At first the thesis focuses on definition of basic terms, i.e. the construction and the building plot. In the following text is concerned about permission to build. Attention is focused on three types of titles of use - lease, easement and of peripheral importance, loan of land, which is not given a full explanation, but only focusing on issues related to the topic of work. To the previous issues link two institutes which deal with third and fourth chapter - authorized and unauthorized construction. Authorized construction is current problem in the future and therefore it is very noticeable lack of explicit rules that must be compensated for general rules of unjust enrichment. The chapter on unauthorized construction is divided into sections according to the character of each "type", i.e. whether the construction is movable thing or realty and whether the authorization to construction lacked from outset or dropped out after the construction was built. Last but not least the work deals with public-law issues and also the role of public law in the formation of conditions for the rise of construction - in the chapter devoted to building plot, and also issues permission to build as a public-law act, which makes possible to...
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