|
| |
|
|
Value Determination of Properties Burdened with Easements
Fojtík, Zdeněk ; Cupal, Martin (referee) ; Sedláček, Jan (advisor)
The thesis deals with the determination of real estate value easements established in favour of constructions transport infrastructure. The aim is determination of real estate value in an current price and official price. In connection with the established easement it is substantiate the devaluation of the real estate related with the occurrence of the easement. In the first part the thesis I deal with the forensic engineering, real estate market, easements and with their valuation. In the project part there is concretely solved valuation of real estate loaded with the easement.
|
|
|
Legislation and Valuation of Easements
Adámek, Tomáš ; Šmahel, Milan (referee) ; Sedláček, Jan (advisor)
My diploma thesis deals with the problems of easements put on buildings in the Czech Republic. The whole work is divided into the text part and the draft part. In the text part there are the common concepts going together with valuation in general, methods of the valuation. Next, there is a legislation of easements, methods and processes of easements and getting the value. Based on the knowledge gained in the text part, in the introduction of the draft part there is a valuation of the family house, including the whole equipment. On this family house there are three easements, including the easement of the free accommodation in one part of this house, the easement of the limitation of the construction activities, easement of the location of the mail box on the family house. The house and easements are valuated either for the taxes or for selling the building. At the end there is the final value of the building with easements, conclusion and recommendation for similar cases.
|
|
|
Valuation of a flat loaded by easement
Matoušková, Martina ; Lorencová, Marie (referee) ; Sedláček, Jan (advisor)
This assignment concentrates on the problematics of encumbrance. It is about the flat ministry encumbrance in a family house. The job is split into two parts, written and suggested. The written part analyses general notions which are found in the pricing of the property’s belongings. Next, there are stated methods to pricing the property’s belongings. The next chapters are dealing with the legislation of eternal encumbrance, the procedures and the ways of their pricing. The second part, suggested, contains the pricing itself. The property’s belonging is priced in two methods. One of the methods to pricing is value regulations; the second method prices by the regular value. First, the whole family house is priced with all its’ accessories, on the principal of half basis ownership and the given area of the flats, we can consider the value of the priced flat at the same value as half of a family house. Next, the encumbrance itself is priced. The age of the authorised is considered in one group of 30 years and the second group of 80 years. The following step is deducting the value of the eternal encumbrance. From these given final results, we state the chosen price of the flat including taxing purposes. At the conclusion of the done job, evaluation and recommendation is done for pricing similar cases.
|
|
|
The Substance of the Right of Usufruct
Czinege, Matěj ; Janoušková, Anežka (advisor) ; Dvořák, Jan (referee)
The Substance of the Right of Usufruct Abstract This thesis deals with the content of the right of usufruct, i.e. its substance. It defines it on the basis of an analysis of the rights and obligations of both the usufructuary and the bare owner. It looks more closely at the issue of the principle of salva rerum substantia and its significance for usufruct as such. It shows that this principle applies as a limitation on the usufructuary's enjoyment of the thing. The thesis then turns to the duty of the usufructuary to maintain the thing and puts it in context with the duty to maintain the thing. The present work defines the individual rights of the usufructuary and also his obligations under the law. It also looks in more detail at the duty of the usufructuary to hand over the thing after the usufruct is over. It does not overlook the special position of the usufructuary in the case of a usufruct over fungible fungible things and principal deposited at interest. It also deals similarly with the rights and obligations of the bare owner, particularly in relation to the subject-matter of the usufruct and the usufructuary. In many respects, the work brings new insights into Czech legal scholarship regarding the institution of usufruct. It defines in more detail the terms substance and form in relation to...
|
|
|
Servitudes
Houdková, Veronika ; Zvára, Michael (advisor) ; Salač, Josef (referee)
Servitudes Abstract The aim of this thesis is to analyse the legal institute of servitudes and its issues, especially focusing on its current legal regulation in the Civil Code and related case law. The thesis deals with the problematic issues that arise in connection with the examined institute and tries to find possible ways of overcoming the flaws of the legal regulation. The thesis is divided into four parts. The first chapter briefly outlines the theoretical concept of servitudes. The second part of the thesis analyses the historical development of servitudes from their beginnings in Roman law, when the foundations of the institution under study were formed and, in many ways, survive to this day. It then continues with an explanation of the codifications regulating servitudes. It continues with an explanation of the codifications regulating easements in the Czech territory from the General Civil Code through the communist codifications of 1950 and 1964, in the latter case the most important amendments are described. Then the reasons for the deletion of the term servitude from the applicable law and its replacement by a superior term covering both servitudes and real burdens, which was the state of law until the adoption of the current Civil Code, are discussed. This part of the thesis focuses on the...
|
|
|
Easements
Hruška, Marek ; Lederer, Vít (advisor) ; Frinta, Ondřej (referee)
Easements Abstract The aim of this thesis is to provide readers with a comprehensive view of the legal institution of easements. Thus, easements are analysed not only in the context of the existing legal regulation, but also in the context of their historical development. The aim of this thesis is also to analyse the points of contention in the existing legal framework. To this end, the readers of this thesis are offered relevant expert opinions on the controversial issue. These opinions are supplemented, where appropriate, by the opinion of the author of this thesis, who also gives his view on the issue. Relevant case-law is continuously offered in the thesis to supplement the analysis of the individual sub-aspects. The thesis is divided into three chapters. The first chapter is devoted to the definition of the legal institution of easements, with which the thesis further deals. The second chapter of the thesis is devoted to the historical development of easements. Attention is paid in particular to Roman law, which is the ideological basis of servitudes. This chapter also examines the regulation of easements in the General Civil Code of 1811, which was the first comprehensive regulation of easements in the Czech territory, and the Civil Codes of 1950 and 1964. The third chapter concerns the current legal...
|
|
|
Easements
Tománek, David ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
The aim of the diploma thesis is to provide a description and analysis of the current legal regulation of easements in the Czech Civil Code, especially with regard to its sources of inspiration in the form of the General Civil Code and Government draft of the Civil Code of 1937. The diploma thesis focuses on problematic issues of current legislation, including interpretive methods of their removal and proposals de lege ferenda. The first chapter generally characterizes the easements and describes their theoretical division. The second chapter deals with the historical development of the institute of easements. The concept of servitude in Roman law, which played a key role in shaping the following legislation, is discussed. A treatise on the General Civil Code and the Government Draft Civil Code of 1937, on which the current legislation is mainly based, is published. Attention is also paid to the civil codes adopted during the communist era in 1950 and 1964, which deviated from the traditional concept of easement. Problematic provisions of these legal regulations are analyzed in selected places. The focus of the diploma thesis is the third chapter, which deals with the analysis of the current legal regulation of easements. The definition of easements, their scope and content, subject and methods of...
|
|
|
Easements
Hadačová, Marie ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
The aim of the diploma thesis is to try to provide a comprehensive interpretation and analysis of the legal institute of easements and their individual aspects in the current legal regulation, taking into account the judicial decisions of the Czech courts after year 1989 as well as the case law of the First Republic related to the General Civil Code. The thesis consists of four parts. The first part deals with the interpretation of the concept of iura in re alinea as the institute superior over easements. In the last chapter of this first part the institute of easements and their basic aspects are generally defined. The second part of the diploma thesis describes the individual stages of the historical development of the institute of easements. The concept of easements in Roman law is being analyzed, taking into account some differences from its conception and modification at present. The following is an interpretation of medieval easements, and finally, the author deals with the modern legal regulations of the easements in the civil law legislation starting from the General Civil Code through the civil codes issued under the Communist regime in 1950 and 1964. The third part, which represents the focus of the diploma thesis, provides a detailed analysis of the current legal regulation of easements...
|
|
|
Easements
Hensel, Petr ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
The aim of this thesis is to try to provide an analysis of the legislation of easements contained in the Civil Code, to take into account the case law related to the General Civil Code as well as the recent court decisions and express controversy over some aspects that the new legislation offers. The thesis is divided into four chapters, the first chapter is devoted to a brief definition of easements and the kinds of easements. The second chapter analyzes the historical development of the easements. In the first part of the chapter the Roman law, which was the first to regulate the easements, is discussed. Furthermore, the chapter deals with the development of the easements during the Middle Ages, when the easements were joined by the institute of real burdens. The third part of the chapter discusses the legislation of easements in the General Civil Code, which is an inspiration for the current legislation; the relevant case law is not omitted. Finally, the chapter contains a section dealing with the legislation of easements in the so called Middle Civil Code from 1950 and the legislation in the Civil Code from 1964. The third chapter, which forms the main part of the thesis, is devoted to a detailed analysis of the current legislation of easements contained in the Civil Code. The chapter is...
|
guest ::
