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Assessment of Market Value of the Easement on the Route of the Sewage Pipelines
Konečná, Jana ; Hlavinková, Vítězslava (referee) ; Hrubanová, Michaela (advisor)
This dissertation deals wtih a problematice of easements of real estates in Czech Republic.The main goal of the dissertation is to estimate the value of considered easement and value of the family house burdened with the easements, consider and give reasons for possible devaluation of the real estate by making the easements. In the theoretical part are defined the terms connected with the real estate business, methods of valuation of the real estates and terms from land registry. Legislation of easements, methods and proceduresof valuation of easementsand valuationof real estates with easements follows. Practical part is about valuation of easements. Municipakl authority in Vyškov reallized construction of sewers in local parts Lhota and Rychtářov. The sewers goes through lands thats why the easements are established for the land owners. The easements are provided with conrtracts. The final part of the dissertation includes the summary and comparison of easements in 2011 and 2014, example of valuation of family house in local part Rychtářov and valuation of the influence of easement on the real estate.
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Servitudes (not only) in real estate development
Fridrichová, Alžběta ; Dvořák, Jan (advisor) ; Zvára, Michael (referee)
This rigorous thesis deals with selected issues of legal regulation of servitudes in real estate development and investment construction. The aim of the thesis is to theoretically elaborate individual problematic aspects of the current regulation in Act No. 89/2012 Coll., The Civil Code (hereinafter only the Civil Code) and on the basis of analysis of valid and historical legal regulations and experience to formulate answers to the given questions, or to suggest the possibility of modifying the current regulation so that it corresponds more closely to the needs of application practice. Apart from the introduction and conclusion, the work is divided into eight chapters. The first chapter provides the reader with an introduction to the topic, characterizes the essence of capital construction and development projects and explains the function of servitudes in this sector. The second chapter defines servitudes as a kind of material rights to a foreign thing, classifies servitudes within the system of civil law institutes and defines them in relation to neighbouring rights. The fourth chapter discusses the various ways of establishing servitudes, especially with regard to the subjects of servitudes, a separate subchapter is devoted to own servitude and other issues related to the content limits of...
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Easements - A comparison of Czech and Austrian legislation
Kůstka, Filip ; Zvára, Michael (advisor) ; Salač, Josef (referee)
Easements - A comparison of Czech and Austrian legislation Abstract The diploma thesis deals with the institute of easements and a comparison of selected problems of the law of easements in the Czech and Austrian law. The diploma thesis has two main objectives. The first objective is to provide a basic overview of the legal regulation of selected problems of the law of easements in the Czech and Austrian law. The second objective is then to evaluate, based on this overview, which legal regulation solves these problems better. The subject of comparison in Czech and Austrian law are those selected problems which cause considerable difficulties in practice. These are, firstly, the issue of the creation of an easement by way of usucaption, with a focus on the comparison of the concept of good faith in the case of ordinary and extraordinary usucaption, and secondly, the determination of the scope of subjective rights arising from easements. The thesis is divided into an introduction, 5 main chapters, which are further divided into subchapters, and a conclusion. The first chapter deals with the definition of the concept of easement itself. The second chapter deals with the historical development of private law in the territory of the present-day Czech Republic and Austria from the second half of the 18th century...
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Easements
Blažková, Hana ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
This thesis deals with the legal institute of easements. These are rights in rem to another person's property which restrict the owner of immovable property in favor of another person so that he is obliged to tolerate something, to refrain from something or to perform something. Easements serve more beneficial usage of immovable property or in favor of a particular person. The thesis consists of ten chapters. The first chapter describes the historical development of easements in five sub-chapters. The second chapter deals with the definition and function of easements. The third chapter examines their sorting. The fourth chapter deals with the content of easements. The most common easements - the right of way and the right to use a flat or a room - are described in two sub-chapters. The fifth chapter deals with an issue of recording easements in the land register. The sixth chapter, the largest, successively pays attention to individual ways of their creation in six sub-chapters. In three sub-chapters of the seventh chapter modification of easements (in their subjects, content and object) is analysed. The eighth chapter examines individual ways of termination of easements in six sub-chapters. Separately, in the ninth chapter, limitation of time of easements is dealt with. The final chapter describes...
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The land easements- comparaison between Czech and French legal regulation
Nováková, Klára ; Žákovská, Karolina (advisor) ; Franková, Martina (referee)
The present diploma thesis studies the topic of landed servitude, which represents one of the forms of restriction of real estate ownership rights. Landed servitudes form part of the real property rights, in particular of the rights in rem to another person's property. This legal institute dates back to Roman law when, like today, it represented a restriction of real estate ownership rights of one property in benefit of a better use of another property. The base of the landed servitudes is twofold: first, there is real estate for whose benefit the servitude is established (the dominant land) and a real estate burdened by an easment for another property (the servient land). Second, the servitudes limit the property rights of one real estate (the servient land) for the benefit of the owner of the other property (of the dominant land). The institute of servitude is compared between two legislations: Czech, covered by law nž 89/2012, and French, contained in the Frech civil code, Code civil. Powered by TCPDF (www.tcpdf.org)
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Acquisitive prescription
Brousilová, Gabriela ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
Easements Master's degree thesis deals with easements and describes historical development of this legal institute, and his form in today's effective civil code 89/2012 Sb. Easements belong to absolute property rights and iura in re aliena, which is the privilege of using a thing of another as if it were one's own. There is an obligation of one person to tolerate something, to refrain from something or to perform something in favour of another person. In this way it allows more people to use one thing without being its owners. The thesis is divided into five chapters. There is an introduction, which describes the aim and division of the work. First chapter explains the institute of easements, its place in today's effective civil code and historical types of easements. There is also short part about the importance of this institute in today's law. Second chapter deals with historical development of this legal institute. First of all there is subchapter about servitutes in Roman Law, because civil code 89/2012 Sb. was inspired with it. Then there is part about regulation in the feudalism period. Because the main inspiration for civil code 89/2012 Sb. was ABGB from 1811, there is subchapter about servitutes in this civil code. Last subchapter of this part deals with the regulation according to civil...
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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...
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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...
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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...
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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...
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