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Cancellation and settlement of co-ownership and pre-emptive right of co-owners
Vacek, Aleš ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
Cancellation and Settlement of Co-ownership and Pre-emptive Right of Co-owners Abstract The thesis is focused on the cancellation and settlement of co-ownership and pre- emptive right of co-owners. The goal of the thesis is to analyse the situations when one of the co-owners decides to leave the co-ownership. For it there is an institute of the cancellation and settlement of co-ownership or a transfer of co-ownership share in which the co-owner can be limited by pre-emptive right of the other co-owners. The result of the analysis is also a valorisation of imperfections of legislation and a proposal of their solutions. The thesis consists of introduction, five parts and conclusion. It draws information from legal regulations, legal literature, case law and other. After short introduction, the second part of the thesis deals with historical development of co-ownership with a view to the development basic phases. This part ends with the principles of recodification of private law in section of co-ownership. These principles were the way-outs for current legislation. The next part of the thesis deals with general characteristics of co-ownership and its selected basic elements such as subjects and an object of co-ownership. The co- ownership share is also mentioned there. The fourth part and the fifth part of...
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Pre-emptive Right
Posejpalová, Aneta ; Elischer, David (advisor) ; Zvára, Michael (referee)
The thesis deals with the theme of Pre-emptive Right focuses on private law legislation. In the last years more than ever, there is more attention payed to Pre- emptive Right legislation. The main core of this is statutory Pre-emptive Right of co- owners to co-ownership share, bacause of frequent and substantial changes in legislation. The thesis deals with the theme of Pre-emptive Right in its entire scope and deals with the general Pre-emptive Right legislation applicable to statutory and contractual Pre-emptive Right. The purpose of the thesis is to process the comprehensive topic of Pre-emptive Right according to the positive law. Part of the text is a comparison of current legislation with legislation contained in the previous Civil Code. Thesis also compares current legislation with German legislation and marginally with legislation contained in the General Civil Code. Introductory parts of the thesis include a basic characteristics of the institute of Pre-emptive Right in the theoretical legal level and a brief description of the development of Pre-emptive Right. Then there are selected questions of current legislation applicable into all types of Pre-emptive Right. The most extensive part of the thesis describes individual types of Pre-emptive Right, it is Pre-emptive Right in personam and...
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Pre-Emptiv Right in the Civil Code
Harapát, Jakub ; Elischer, David (advisor) ; Dvořák, Jan (referee)
Pre-Emptive Right in the Civil Code Abstract This thesis deals with the institute of pre-emptive right both in theoretical terms and in valid legislation. The main objective of this work is to describe the institute of pre-emptive right in such a way that it is possible to draw attention to the issues which arise in connection with this institute and to outline possible solutions where appropriate. However, in order to describe the practical aspects of the pre-emptive right, it is also necessary to describe the pre-emptive right in theoretical level. Following the objectives set, the work is divided into five chapters. The first chapter of the thesis deals with the theory of pre-emptive right where space is left to some theoretical constructions, with the theory defining five possible constructions in particular. The work also describes possible motives leading to the negotiation of the pre-emptive right, which can be divided into motives of the defence and motives leading to the acquisition. Furthermore, the elements of the pre-emptive right and its division are described. The second chapter serves as the theoretical basis for the next chapters. The second chapter deals with the origin of the concerned institute and its historical development in civil codes, and part of this chapter discusses other pre-...
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