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Public Roads and Their Use
Mlích, Petr ; Staša, Josef (advisor) ; Vedral, Josef (referee)
Public Roads and Their Use Abstract The thesis contains a historical view on the legal regulation of public roads and deals with interpretation and analysis of the legal regulation of basic issues related to public roads and their public use provided in Act No. 13/1997 Sb., on Public Roads, as amended. The thesis also analyses the current legislation in terms of its coherence. In matters where the legislation is found to be insufficient, the thesis also contains proposals de lege ferenda. First chapter of the thesis contains a historical view on the public roads and their legal regulation and second chapter defines road law, its structure and sources, the concept of public road and significance of this concept. Third chapter deals with private law issues related to public roads - the issue of road construction as a thing in the legal sense (application of the superficies solo cedit principle in the current legislation), ownership of roads and the definition of their components and accessories. Fourth chapter of the thesis analyses the current division of roads into categories and classes. It deals mainly with the concept of so-called special-purpose roads, which are regulated by the current legislation only minimally. This chapter also presents issues related to forest and field roads and the relevant...
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Legal concepts of administrative law restricting the right to property
Balounová, Jana ; Kopecký, Martin (advisor) ; Staša, Josef (referee) ; Průcha, Petr (referee)
Legal concepts of administrative law restricting the right to property Within the legal order a lot of legal concepts can be found which restrict fundamental constitutionally guaranteed right to property, respectively which can restrict it. The dissertation focuses on analysis of selected legal concepts which are regulated by administrative law and through which is interfered with the right to property. In the Czech Republic the right to property is guaranteed by the Charter of Fundamental Rights and Freedoms and at European level by the Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms. The thesis is divided into three main chapters which are further divided into individual sub-chapters. The first chapter deals with the characteristic, definition and categorization of particular legal concepts restricting the right to property. The second chapter focuses on the right to property itself, especially on constitutional basis, limits and its protection. In the relation to the topic of the dissertation it is also important to define how these legal concepts are enshrined in the legal order and which form of administrative activities they result in. The third chapter describes the particular forms of administrative activities in relation to the right to property. The...
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Public squares
Bušková, Vendula ; Rajchl, Jiří (advisor) ; Handrlica, Jakub (referee)
1 Abstract The topic of the presented thesis are issues related to public spaces. Public spaces are defined in the Municipalities Act and the Capital City of Prague Act and comprise all squares, streets, marketplaces, sidewalks, public green areas, parks and other areas accessible to anyone without restrictions, i.e. serving public use and irrespective of the ownership of the space. This is the only definition in the Czech legal system and several other norms refer to it. The main purpose of public spaces is their public use. Therefore, the relevant legal rules regulate also the limits of various activities in public spaces. The current legal regulation is rather brief and the topic has not been covered extensively in the legal doctrine as of yet. The aim of the thesis is to summarize the legal rules relevant to public spaces and the regulation of activities on them, as well as to identify issues and ambiguities stemming from the insufficient legal regulation. The first part of the work introduces the definition of public space and its history and illustrates the emergence and abolishment of public spaces. The legal definition characterizes public spaces using the listing of specific types of places and referring to a common characteristic, i.e. accessibility to public. It emphasizes that public spaces are...
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Legal concept of public use with focus on its application in the central Pilsen borough in conflict with freedom of assembly and right to petition
Balounová, Jana ; Kopecký, Martin (advisor) ; Rajchl, Jiří (referee)
The rigorosum thesis focuses on the analysis of concept of public use, how it works in practice and on conflict of public use with freedom of assembly and right to petition. The objective of the thesis is to carry out comprehensive definition of legal concept of public use and to analyze how this legal concept works in central borough of Statutory City of Pilsen, this in the context of interrelation of public use and freedom of assembly and right to petition. The thesis is divided into five parts. First part deals with the definition of public use, its history, theory and nature, object of public use, its subjects, protection and also with relation of public use and property. In the second part, attention is paid to the types of public use, general public use and special public use. Third part of thesis presents theoretical definition of freedom of assembly and right to petition. Fourth part focuses on how public use works is practice, specifically in the central Pilsen borough. Furthermore, this part deals, inter alias, with tasks and procedures of public administration, obligations of applicant for a permit of special public use or specifics which applies to central Pilsen borough. Last part of the thesis is devoted to interrelation, respectively conflict of public use and freedom of assembly and...
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