Comparison of building legislation according to current and new Civil Code In my master's thesis I focus on building legislation according to the Civil Code. The building, either as a separate thing or part of other things, is mainly the subject of ownership, but also of other civil relations. Therefore it is very widely used and discussed concept. The main goal of the thesis is to describe in detail concept of building in the current Civil Code, with focus on shortcomings and the most problematic areas, and confront it with changes in the new Civil Code. The purpose is also to provide summary of building issues and possible advantages or disadvantages its enactment in the new Civil Code. I mainly concentrate on different division of things and problems with definition of the term building, which apply to specific examples. Last but not least, the thesis evaluates new building enactment and tries to point out problems that may arise in connection with the transition to the principle superficies solo cedit. The master's thesis is, apart from the introduction and conclusion, composed of three chapters. Chapter one is introductory and deals with the principle superficies solo cedit, which is the pivotal principle related to building legislation. Describes its development from Roman law, via ABGB, until...

Superficies solo cedit The topic of the presented diploma thesis is the principle of superficies viewed from its historic development and its place in current law. The principle stipulates that whatever is found on a land or has arisen from it, becomes parts of it. The superficies principle has been in employment since ancient Rome and has been reintroduced in our legal system after the recodification of private law in 2012 The thesis begins with the historical development of the superficies principle not only in Roman law, but also in the Czech lands, especially with its 1811 AD codification in AGBG. The historical development is followed by a brief description of the departure from the superficies principle following political and societal changes in post-war Czechoslovakia. The denial of the superfecie solo cedit principle survived until the recodification of private law in 2012 by act n. 89/2012 Sb, of civil code. The core part of the thesis analyzes the superficies principle in the Civil Code and related statutory instruments, especially those regulating the cadastre problematics, as this area is most impacted by the principle of superficies. Based on a theoretical explanation of the superficies principle, the thesis presents some practical impact of its application on the cadastre and its...

This Master Thesis deals primarily with the legal institute of the right of superficies. It also deals with some another legal institutes which can be used for a building construction on another's land. The Thesis' aim is primarily the analysis and evaluation of the effective legal regulation of the right of superficies and furthermore its comparison with historical regulations, with the Swiss regulation, as well as the comparison with another institutes which can be used for a building construction on another's land. The Thesis is divided into five chapters which are divided into subchapters. The first chapter defines the basical relevant terms which are important for understanding of the legal institute of the right of superficies. The second chapter is dedicated to the history of the right of superficies and introduces historical legal regulations of this legal institute. At first, the original Roman law institute of superficies is introduced, furthermore all the acts which governed the right of superficies in the history in the area of the Czech Republic are analysed, including the regulation of the proposed Czechoslovak Civil Code that never came into force. The attendance is dedicated also to the period when the right of superficies did not exist in the Czechoslovak or Czech legal order. The...

The topic of this thesis is the return of the legal principle of superficies solo cedit into the Czech legal order. The thesis aims at the comprehensive overview and the analysis of the issue of this principle based on its inclusion both in the historical and contemporary context. Another objective of this thesis is to look at the registration of the principle, including related institutes, into the public register - the cadastre of real estates. This thesis is divided into three parts. The first part of this thesis follows the development of the superficial principle across the history, including the comparison of its use in given legal orders. This section begins with a glance at Roman private law and its selected institutes which have been incorporated into modern Czech private law by the reception of Roman law. The room will be also given to the law of the Habsburg monarchy and the provisions of the ABGB, civil code that has been valid on our territory until the 1950. The last chapters of this part are devoted to land law in the socialist Czechoslovakia and, in particular, to the 1964 Civil Code. The following section is the core chapter of this thesis. It aims to offer a comprehensive view of the re-establishment of the superficial principle in the context of not only the 2012 Civil Code...

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.

On 1 January 2014 the new Civil Code no. 89/2012 Coll., which affected many areas, came into force. This thesis deals with the changes that have an impact on real estate activities. To the change of the Civil Code no. 40/1964 Coll. an introduction of new Cadastral law no. 256/2013 Coll. is closely related. Influence of this Cadastral law on a real estate practice is also described in this work. The conclusion summary of this work is a mapping of changes and an assessment of the extent to which they affect a real estate practice.

The topic of this thesis is the superficiary right of building (and other possibilities of building on the land belonging to a third party, though the focus is primarily on the institution of the superficiary right of building). The principle "superficies solo cedit" was reintroduced in Czech legislation when the new Civil Code (Act No. 89/2012, Coll.) came into force. Along with this principle, the institution known as superficiary right of building has also returned to Czech law after a hiatus of more than 50 years. This thesis seeks to provide a comprehensive interpretation of the superficiary right of building, to explain the individual rights and obligations arising from the superficiary right of building, and to compare the institution of superficiary right of building to other possibilities of erecting a building on land which belongs to someone else. The first chapter defines some of the basic concepts which facilitate the explanation of individual issues and the understanding of certain connections in the following chapters. The second chapter describes the history of the superficiary right of building, which has its roots in the times of ancient Rome. This chapter also undertakes a characterization of legal regimes which were previously in force on the territory of todayʼs Czech Republic. Over the...

The topic of the diploma thesis is the legal principle superficies solo cedit and its return into the Czech law. The main aim of this thesis was to give a comprehensive view of this issue, especially how the return of the principle has changed land law relations. The first part of the thesis describe the division of the law to private law and public law. The first part is followed by the historical excursion which describes how the principle originated and how and whether it was part of the legal order in the past. The next chapters of the thesis are the main part of the work and describes the principle in todays law. Firstly the incorporation of the principle into the Civil Code is described and then individual paragraphs governing the principle follows. The definition of the basic terms as land, construction and temporary construction which are used by Civil Code but not described in it are the topic of next chapter. Next, relatively extensive chapter named line constructions describes exceptions to the principle. The basic definition of exceptions can be found in the Civil Code but more detailed regulation is contained in public acts, therefore private and public law is intertwined in this area. Easements to real estate, historical development of its legislation and today's legislation in this...

Hierdie proefskrif handel oor aspekte van inaedificatio (bebouing) in die Suid-Afrikaanse, Engelse en Nederlandse reg. Die klem val op die maatstawwe wat aangewend word om te bepaal of aanhegting van ‘n roerende saak aan ‘n onroerende saak plaasgevind het. Die maatstawwe in die drie stelsels toon ooreenkomste en verskille. Een ooreenkoms is dat die graad en wyse van aanhegting in die Suid-Afrikaanse reg oorweeg word, terwyl daar in die Engelse reg slegs na die graad van aanhegting gekyk word. In die Nederlandse reg word ’n duursame verbinding vereis om te bepaal of bestanddeelvorming plaasgevind het, en word gevra of verwydering van die saak sonder beskadiging kan plaasvind. In die Suid-Afrikaanse reg word die doel van die aangehegte saak oorweeg, hoewel Innes HR dit nie in MacDonald Ltd v Radin NO & The Potchefstroom Dairies & Industries Co Ltd so formuleer nie. Die aard van die roerende saak word in die Suid-Afrikaanse reg oorweeg, terwyl die aard en ontwerp van die roerende saak in die Nederlandse reg oorweeg word. In die Engelse reg word die doel waarvoor die aanhegting gemaak is oorweeg om die bedoeling met die aanhegting te bepaal. Die vraag is of die saak vir die permanente en substansiële verbetering van die gebou (grond) aangeheg is, of vir ’n tydelike doel of vir die beter benutting van die chattel. Die Nederlandse reg beklemtoon die bestemming van die aanhegting. Die opvallendste verskil tussen die Suid-Afrikaanse reg en die ander twee stelsels is die belang van die subjektiewe bedoeling van een of ander betrokkene. Die regsposisie van huurders wat sake aanheg verskil van dié van ander aanhegters. In al drie regstelsels kan huurders voor afloop van die huurtermyn sommige aangehegte sake verwyder, mits die huurgrond in dieselfde toestand gelaat word as waarin dit was voor die aanhegting. Die drie stelsels vertoon verskille soos dat onsekerheid bestaan oor wie die eienaar van die aangehegte sake is voor verwydering. In die Engelse reg heg bedryfsaanhegtings en ornamentele aanhegtings, nie aan nie. Ingevolge die Nederlandse reg is die verhuurder gedurende die huurtermyn eienaar van die aanhegtings, aangesien aanhegting plaasvind sodra die roerende sake aan die huurgrond heg. Die Suid-Afrikaanse reg hieroor is onduidelik. / This thesis deals with aspects of inaedificatio (building) in South African, English and Dutch law. The emphasis falls on the criteria that are applied to determine whether attachment of a movable to an immovable thing occurred. The criteria in the three systems show similarities and differences. One similarity is that in South African law the degree and manner of attachment are considered, while in English law only the degree of attachment is considered. To determine whether one thing became a component part of another thing (bestanddeelvorming) a durable connection is required In Dutch law. The question is whether removal can take place without causing damage. The purpose of the attached thing is considered in South African law, although Innes CJ did not formulate this criterion in this manner in MacDonald Ltd v Radin NO & The Potchefstroom Dairies & Industries Co Ltd. The nature of the movable thing is relevant, while the nature and design of the movable thing are considered in Dutch law. In English law the purpose of the attachment is considered to determine the intention with the attachment. The question is whether the thing was attached for the permanent and substantial improvement of the building (land) or for a temporary purpose or for the better use of the chattel. The destination (bestemming) of the attachment is considered in Dutch law. The most significant difference between South African law and the other two systems is the importance of the subjective intention of some person involved in the situation. The legal position of lessees who attach movales differs from that of other persons who make such attachments. In all three legal systems lessees may remove certain attached movables before the expiry of the term of lease as long as the leased land is left in the same condition that it was in before the attachment. The three systems also differs for example it is not certain who the owner of the attached things is before removal of the attachments. In English law trade and ornamental fixtures do not attach. In Dutch law the lessor is the owner of the attachments during the term of lease, because attachment takes place when the movable things are fixed to the leased land. The position in South African law on this is unclear. / Private Law / LL. D.

1 ABSTRACT CHVÁTALOVÁ, Daniela: Contract of Sale in Private Law. [Dissertation thesis]. Charles University. Faculty of Law; Department of Civil Law. Tutor: prof. JUDr. Jan Dvořák, CSc., Head of Department of Civil Law, Vice-Dean for the Doctoral Study Programme and Rigorosum Procedure. Level of professional qualification: Ph.D., Praha: PF UK, 2015. Key words: Civil Code No. 40/1964 Sb. Commercial Code No. 53/1991 Sb. Civil Code No. 89/2012 Sb. Principles of civil law. Purchase. Dual regulation. Precontracting negotiations. Offer and acceptance of the offer. Contract of sale. Purchase of personal property. Purchase of real property. Subject of the contract. Superficies solo cedit. Construction is a part of the land. Hardship clause. Purchase price and manner for determining the purchase price. Commercial terms and conditions. Decrease in a purchase price. Unreasonable decrease in the purchase price Laesio enormis. Price clause. Delivery of goods. Seller's delay in delivery of goods. Transfer of title. Rights in case of defective performance. Quality, quantity, type, and package. Rebus sic stantibus clause. Contractual penalty. Cancellation of a contract of sale. Sale of a plant. Advance payment and retainer. Supranational projects. Draft Common Frame of Reference (DCFR). Principles of European Contract Law...