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7 Abstract Disposition with real estate falls within the scope of present diploma thesis. The main goal of the thesis is the comparison of two legal orders which are, in many ways, similar; nevertheless, there might be found some differences which are described in textual matter. The thesis itself is divided into six chapters redundant, reflects a reform of Czech private law in progress and compares Czech doctrine with relevant case law. It is focused mainly on real estate disposition from the point of view of private law (however, some aspects of public law had to be taken into account) and lays emphasis on legal terms such as "thing", "immovable", "property", "ownership", "disposition" in their broader meaning, and "purchase agreement" (and other topics related to them). The introduction contains the outline of the structure, main goals of the thesis and a definition of the term "disposition". Disposition is perceived, as mentioned above, in largo sensu meaning and includes not only the right to make a legal act concerning the thing but also the owner's rights to use, posses, gain benefits and destroy the thing. Chapter two deals with the historical development of Finnish land law. General legal history is also taken into consideration. The following chapter discusses various kinds of things which may be...

1 Summary "STATUTES OF UNIT OWNERS ASSOCIATION" The thesis deals with the statutes of a unit owners association as they are regulated in the Czech law (hereinafter referred to as the "Statutes"). The Statutes are the basic legal document of any unit owners association, through which the rights and obligations of the individual unit owners are exercised. The Statutes should provide any unit owners association with a framework for its smooth functioning in relation to its members (unit owners), as well as in relation to third parties. Much like other juridical (legal) persons, a unit owners association is created when registered to the public register. Its creation is preceded by a founding legal act of the future unit owners, i.e. the future members of the association. Statutory law (i.e. the new Civil Code No. 89/2012 Coll.) stipulates under what conditions the founding members are allowed to establish the unit owners association. For a successful registration of the association in the public register, ordinarily, the Statutes have to be approved by the founding members. The legislation sets out certain mandatory requirements, nonfulfillment of which would lead to a dismissal of the registration. The initial part of the thesis deals with the historical development of the legislation on flat ownership....

1 Summary "STATUTES OF UNIT OWNERS ASSOCIATION" The thesis deals with the statutes of a unit owners association as they are regulated in the Czech law (hereinafter referred to as the "Statutes"). The Statutes are the basic legal document of any unit owners association, through which the rights and obligations of the individual unit owners are exercised. The Statutes should provide any unit owners association with a framework for its smooth functioning in relation to its members (unit owners), as well as in relation to third parties. Much like other juridical (legal) persons, a unit owners association is created when registered to the public register. Its creation is preceded by a founding legal act of the future unit owners, i.e. the future members of the association. Statutory law (i.e. the new Civil Code No. 89/2012 Coll.) stipulates under what conditions the founding members are allowed to establish the unit owners association. For a successful registration of the association in the public register, ordinarily, the Statutes have to be approved by the founding members. The legislation sets out certain mandatory requirements, nonfulfillment of which would lead to a dismissal of the registration. The initial part of the thesis deals with the historical development of the legislation on flat ownership....

63 Acquisition and Protection of Possession in Roman Law The purpose of the thesis is to analyse and describe acquisition and protection of possession in Roman Law in detail. Both aspects are closely related and it is appropriate to examine them together. Regulation of acquisition of possession would not be necessary if possession was not protected, protection of possession would be indeterminate if there was not any rules in relation to its acquisition. Description of Roman Law regulation is supported by authentic texts, especially the Corpus Iuris Civilis, the body of law issued under emperor Justinian. The thesis is composed of two fundamental chapters. The first chapter consists of four parts and focuses on acquisition of possession in Roman Law. Firstly, it deals with classification of acquisition of possession as the control intentionally exercised toward a thing, especially the division on occupation and tradition of possession. Then, description of acquisition through an agent according to Roman law follows as well as cases of legal disability to manifest the intention to acquire possession. The second chapter is composed of three parts and deals with protection of possession in Roman Law. It examines the origin of possession and its historical roots, especially interdicts used in relation to public...

Ownership of Flats Summary In his diploma thesis "Ownership of Flats", the author focuses on applicable law of flat ownership in the Czech Republic, especially the Flat Ownership Act 72/1994 Sb. The author puts the contemporary regulation in historical context; he describes the theoretical principles underlining the current applicable law and defines in detail the basic legal terms used by the Flat Ownership Act. Original and derivative forms of flat ownership acquisition are explained, namely a contract of construction, a contract of sale and a so-called declaration of the house owner. Forms of cessation of flat ownership are briefly described. The author provides an analysis of general owner's rights and specific owner's rights and duties regulated by the Flat Ownership Act. A significant part of the thesis is dedicated to the analysis of the legal framework regulating the legal entity of commonhold association, the residents' management corporation. Provisions of the Flat Ownership Act regulating the internal organisation of commonhold association are critically discussed in relation to the rights and duties of the respective flat owners. The author points out the shortcomings of the statutory regulation of the commonhold association's internal structure and describes practical problems caused by these...

This thesis explores the protection of ownership of corporeal moveables in Scots law with particular reference to the position of a good faith acquirer from a non-owner. It exposes three fundamental tenets of Scots property law to critical scrutiny: the sharp theoretical distinction between possession and ownership, the requirement that the owner consent to derivative transfer and the right of the owner to recover his or her property from any third party in possession. In many other civil law jurisdictions, greater protection is afforded to the bona fide purchaser. The thesis explores the historical and doctrinal reasons for the strong protection of the original owner in Scots doctrine, including an important Romanist tradition but also a significant moral and theological emphasis on the duty to restore, particularly in Viscount Stair’s influential Institutions. Utilising a historical and comparative approach, the first part of the thesis outlines the development of early Scots law and the foundation of the modern Romanist structure of the law governing transfer of moveables. It is argued that the modern patchwork of exceptions to the nemo plus rule lacks any unifying justificatory principle and produce often uncertain results. The thesis also examines the various justifications advanced for protecting good faith acquirers. The most frequently cited explanation is that of promotion of commerce, but significant difficulties are identified with this argument. It is further concluded that the publicity afforded by possession is not sufficient for it to justify protection of acquirers. In terms of security and certainty of rights, good faith acquisition is not a panacea for the problems associated with highly mobile property such as vehicles. However, in light of the deficiencies of the current Scots law rules, a clear doctrine explicitly conferring ownership in more precisely defined circumstances would be preferable.

I describe in detail the structure of separately managed accounts (SMAs) and how those accounts compare to and differ from mutual funds and hedge funds. I then examine how employee ownership of advisory firms — that is, firms in which employees have partnership or stock interests — affects the performance, idiosyncratic risk, and R-square of each firm’s SMA portfolios. In testing 14,484 different portfolios from more than 1,100 different advisory firms from 1995 to 2015, I find that SMAs at firms with employee ownership outperform SMAs at firms without it. The greatest impact is in the 25–50% employee-ownership range. Positive returns, risk, and all decrease as employee ownership increases beyond 50%, but SMA performance levels remain above those of firms in which the portfolio manager has no employee ownership. I also find that the Sharpe ratio is negatively related to employee ownership, reflecting a deterioration of risk-adjusted returns at higher employee-ownership levels. These results suggest both that the presence of advisor employee ownership is a significant, positive indicator for SMA performance and that those advisory firms assume more idiosyncratic risk to achieve these higher returns. For investors, my results show that employee ownership of advisory firms can be used as a differentiating factor to aid them in making SMA choices between portfolios with otherwise similar characteristics.

Doctor of Philosophy / Department of Family Studies and Human Services / Kristy Archuleta / Jared Anderson / The current study tests a conceptual model exploring the relationship between perceived money ownership (PMO) in marriage, negative communication, financial satisfaction, marital satisfaction and marital instability. Relying on a cross-sectional, convenience sample (N=345) of social media users, structural equation modeling was used to analyze the relationship between these variables. The results indicate that individuals who perceive money as shared in their relationship experience greater marital satisfaction and financial satisfaction and less marital instability, and that the relationship between PMO and these outcome variables are mediated by negative communication. Thus, having a shared money ownership perception is associated with lower levels of negative communication which in turn is associated with higher levels of financial satisfaction and marital satisfaction and lower levels of marital instability. These findings add to the literature on couples, finances, and relationships by showing that PMO is a potentially important variable in understanding relationship processes and outcomes in marriage.