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Zásada superficies solo cedit / Principle of superficies solo ceditVrána, Tomáš January 2015 (has links)
This thesis is focused on the superficies solo cedit principle which was already known in Roman law and which expresses the rule that the surface yields to the ground. As a result of this rule, everything that is built on the land and that grows up naturally there belongs to the owner of the land. The aim of the thesis is to describe origin and historical development of the superficies solo cedit principle, subsequently to present its current expression in the legal order of the Czech Republic and to identify its problems, and, finally, to point out the effects of the restoration of the superficies solo cedit on the Czech legal system. The thesis is divided into seven separate chapters. Chapter One describes the expression and development of the superficies solo cedit principle in the Roman law. Chapter Two particularly deals with the ABGB Code from 1811 which was valid in the area of today's Czech Republic until 1950 and which significantly influenced the current Czech Civil Code. This chapter also includes analysis of provisions dealing with superficies solo principle and other relating terms, some of which were an inspiration for current Czech legislation. Third chapter explains the reasons for abandoning of superficies solo cedit principle in Civil Code No. 141/1950 Coll. and its consequences....
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Zásada superficies solo cedit / Principle of superficies solo ceditJaníčková, Lucie January 2020 (has links)
This diploma thesis deals with the principle of superficies solo cedit, whose roots go back to Roman law. The principle, which can be translated as "the surface gives way to the ground", expresses the rule according to which the land includes everything that arises on it, whether in a natural or artificial way. In the history of the Czech lands, the principle was applied under the General Civil Code from 1811 until the adoption of the Civil Code of 1950. On the contrary, this Code applied the opposite principle and thus introduced separate ownership of land and buildings. The principle returned to our legal system with the adoption of Act No. 89/2012 Coll., The Civil Code. The aim of this thesis is to present the principle in a historical context, to give an explanation of its current form and to specify the problems that arose with the adoption of the principle of superficies. The diploma thesis is divided into four main chapters. The introductory part deals with the historical development of the principle. First, it provides an interpretation of Roman law, in which some important sources of Roman law are discussed. Within the interpretation of the legal history of the Czech lands, attention is focused mainly on the General Civil Code of 1811, which was the first to introduce the application of the...
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Zásada superficies solo cedit a její význam v pozemkovém právu / Principle of superficies solo cedit and its importance in land lawŠtěpánková, Jana January 2017 (has links)
The aim of the thesis is to describe the concept of the superficial principle in the valid legal regulation and its influence on land law relations. As a result of the reintroduction of the superficial principle into the legal order of the Czech Republic by Act No. 89/2012 Coll., The Civil Code, all that is associated with the earth's surface becomes part of the given land. The thesis is divided into five structured chapters. The first chapter is devoted to land law as an interdisciplinary law system. The aim of second chapter is to explain the key importance of the superficial principle within the context of land law. The third chapter deals with the historical background of the development of legal relations to immovables in the territory of the Czech lands, also including the introduction of the Roman settlement as the basis of the superficial principle. The next part of the thesis contains the interpretation of the most important legal institutes related to the superficial principle in the context of the valid law. The chapter further describes exceptions to the principle. The fifth part of the thesis is focused on the analysis of selected land law relations influenced by the superficial principle.
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Srovnání vybraných způsobů ocenění pro nemovitost typu garáž na území města Brna / Comparison of Selected Ways of the Garage Type Real Property Evaluation in BrnoOdehnal, Tomáš January 2010 (has links)
This master‘s thesis aim is to provide a comparison of methods in garage appraisals within the territory of the city Brno. This comparison is being done on several immovables and using multiple apprising methods. The acquired data are further evaluated afterwards. First, the garage market in Brno is analyzed. This is done by comparing the supply with the demand incl. those characteristics that could influence the prices of the immovable properties. This analysis is based on real-world data of garage sales from an estate agency. For the appraisal itself, 10 immovables of the type “garage” were chosen. These are then appraised using the cost-based and comparative methods. The location distribution of these estates in the territory of the city Brno and within the city quarters has been chosen in such a manner to provide the most different ones. Then the acquired data are being compared and statistically evaluated. Such information can be used in the practice when appraising of such immovables on the market with garages within the territory of the city Brno is being done.
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Stanovení rozdílu cen garáží u RD v Olomouci / Determination of the Difference of Garage Prices at a House in OlomoucPáleník, Petr January 2014 (has links)
Master thesis is focused on determination of differences in ways of valuation in city Olomouc. Fifteen garages were used to price estimate in this city. The first part of work deals with basic terms and theoretical definition of methods of valuation. Due to instructions of the work, the methods of valuation were chosen: cost method, comparison according to law and comparison based on databases. In the following parts are described chosen garages and there is undertaken evaluation. Differences of ways of valuation and their causes, which are based on obtained data, are discussed at the end of work.
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L’acquisition de la propriété par accession des biens en droit vietnamien : comparaison avec la France / The acquisition of ownership right by accession of properties in Vietnamese law : comparison with FranceLam, To Trang 04 December 2012 (has links)
La propriété est respectée comme un droit inviolable et sacré en France depuis 1789 en vertu de l’article 17 de la Déclaration des droits de l’homme et du citoyen. Cependant, au Vietnam, par effet de la colonisation, la législation civile avant 1980 n’a pas obtenu des résultats remarquables, particulièrement en matière de la propriété. Actuellement, après le Code Napoléon de 1804 en France ou le Code civil de 1995 au Vietnam, les biens et la propriété jouent un rôle important dans les deux systèmes juridiques. Le Code civil français déclare que l’accession est une mode d’acquisition originaire, à côté des modes d’acquisition dérivés, de la propriété des biens. Par les dispositions diverses concernant la propriété dans le Code civil de 2005, le droit vietnamien constate tacitement le droit d’accession comme une manière d’acquérir de la propriété. Les propositions concernant l’accession des biens dans le droit civil vietnamien, en revanche, ne sont pas suffisantes et systématiques. / The property is respected as a sacred and an inviolable right in France from 1789 according to article 17 of the Declaration of the Rights of Man and of the Citizen. However, due to the colonization, the Vietnamese civil legislation before 1980 didn’t achieved outstanding results, especially in the property. Currently, after the Napoleonic Code of 1804 in France or the Civil Code of 1995 in Vietnam, the properties and ownership right play an important role in both two legal systems. The French Civil Code states that accession is an original mode of acquisition, together with derived modes of acquisition, of the ownership right of properties. By various provisions related to the property in the Civil Code of 2005, the Vietnamese law tacitly recognizes that accession is a way to acquire the ownership right. The provisions in the civil law of Vietnam on accession of properties, however, are not sufficient and systematic.
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Vliv stavebních úprav na cenu víceúčelového objektu / The Influence of Structural Modifications on the Price of a Multipurpose BuildingMikl, Jan January 2017 (has links)
The aim of the dissertation is to evaluate the effect of the building modifications on the usual and determined price of the multipurpose building. The pricing will be made before building modifications to 2016 and after construction adjustments to 2017. The thesis is divided into the theoretical and practical part. The content of the theoretical part is a description of the concepts and valuation methods used in the diploma thesis. In the practical part is made description of the site and immovables before and after the building modifications. Subsequently the calculation is performed using valuation methods. At the end of the thesis, a comparison is made between the usual and determined prices of real estate and the evaluation of the factors influencing the prices.
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Analýza vybraných způsobů ocenění nemovitostí typu garáž v lokalitách Uherské Hradiště a Uherský Brod / Analysis of Selected Methods of Valuation of Garage-Type Real Estate in the Localities of Uherské Hradiště and Uherský BrodSlováková, Martina January 2012 (has links)
This master thesis contains theoretical and practical knowledge of real estate valuation with main focus to row garage in towns: Uherské Hradiště and Uherský Brod. In each location is selected 5 real estates. First, the locations, concepts and theoretical concepts are characterized with each of the type valuation. Method of Valuation is set to cost type, comparison by decree and comparsion from database. Based on the data obtained are evaluated differences at the end of work and their causes between given methods of valuation.
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Stanovení rozdílu cen garáží v Olomouci / Determining the Difference in Garage Prices in OlomoucValentová, Gabriela January 2015 (has links)
This thesis focuses on assessing the differences in prices of garages in various areas of the town of Olomouc. To state the differences two methods were used: the cost-based appraising method and the comparative method. In addition, market price were stated and compared to the administrative one. There were fifteen garages selected for the purpose of this text. In the first part of this work basic concepts are defined. The following part is descriptive and brings the town of Olomouc into focus. Further on, particular ways of appraising are explained. Next, the selected garages are introduced and appraised. In conclusion, based on given facts, the factors influencing prices of garages are assessed as well as the causes of discrepancies between prices stated with the use of different methods.
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Sûretés réelles et droit des biens / Securities and property lawGijsbers, Charles 08 December 2012 (has links)
Propriété, droit réel sur la chose d’autrui, opposabilité, droit de suite, droit de préférence, exclusivité, meubles, immeubles, accession, accessoire, subrogation réelle, fongibilité, universalité, etc. la liste est longue des concepts forgés par le droit des biens que sollicitent les sûretés réelles, non parfois sans les malmener, afin d’atteindre leur finalité propre qu’est la garantie du paiement des créances de somme d’argent. Après plusieurs thèses, articles et monographies consacrés à tel ou tel aspect de ces interactions, la présente thèse livre une étude globale des rapports noués entre les deux disciplines afin de mettre en évidence leurs points de rencontre, leurs points de divergence et, le cas échéant, de possibles enrichissements réciproques. / Property, real rights, tracing, exclusive possession, movables, immovables, accession, accessory obligation, real subrogation, fungibles, funds, etc. are a few of the many concepts forged by property law that are used and sometimes misused, in the law relating to security transactions. The misuse of such concepts in the latter area of law can be attributed to the different purpose that underlies such transactions, being specifically the guaranteeing of debt repayment. After several theses, essays and monographs have been devoted to particular aspects of these interactions between property law and the law surrounding security transactions, this thesis delivers a comprehensive study about the relationship established between the two areas of law, and will highlight their points of convergence, points of divergence and mutual efficiency.
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