The thesis summarizes the process of property law transfer. It compares the new legislation with the old one by stating what has been criticized in current legislation and explains how are these issues dealt with in the new legislation. The thesis contains of three main chapters. First chapter defines the nature of land law and explains it's significance. Second chapter focuses on legal title - the transfer of property rights. Third chapter is the largest and describes entry procedures and judicial review.

In the context of efficiency the new legislation particularly of the private law and also within the changes regarding public law this thesis attempts to substantiate and specify various forms of restrictions of land ownership. It also deals with the specification of causes that lead to these restrictions and emphasize the nature of ownership. Emphasis is besides explaining of necessary legal concepts devoted also to the analyse new legal principles, institutes and provisions as well as their impact on the regulatory environment. According to the factual division the thesis analyzes and explains by the existing and new legislation selected restrictions of land ownership within the private and public law. Evidence of these various restrictions and even the potential harm compensations also have their importance, and are therefore also in the thesis included.

Acquisitive prescription This Master's degree thesis deals with the topic of acquiring the right of ownership by prescription (usucaption). Its aim is to describe the form of the institute in Czech law and to put it into a broader framework. Acquisitive prescription is a means of original acquisition of ownership rights to things. It solves the problem, when possessor does not own the object of the possession. The ownership to the thing is acquired under these conditions: good faith of the possessor, just title, possession for required time. The thesis is composed to five chapters. The introduction summarizes the aims of the study and explains the concept and the structure of the thesis. Chapter One is introductory and defines basic terminology used in the thesis. It describes the concept of things and rights in rem in Czech private law. Then it explains the theory of possession, such as its fundamentals, its meaning and protection provided to the possessor. After that it focuses on definition of ownership and methods of acquiring the right of ownership. This chapter concludes with a short explanation of what is acquisitive prescription and what is its significance. Chapter two focuses on the history of this institute. It highlights the most important aspects of acquisitive prescription in ancient...

P evody vlastnického práva k pozemk m Diplomová práce popisuje p evod vlastnického práva k pozemku. Je zde komparována úprava dle sou asné právní úpravy, která nabyla ú innosti k 1. 1. 2014 s úpravou p edešlou. Nejprve jsou definovány základní pojmy pozemkového práva, které jsou pozd ji v diplomové práci využívány. Proces p evodu vlastnického práva má pak dv fáze. První fáze (právní titul) je vyložena v kapitole íslo sedm "Smluvní p evody vlastnického práva". Tato kapitola popisuje jednotlivé druhy smluv (kupní smlouva, darovací smlouva, sm nná smlouva) a další zp soby p evod . Druhou fází je pak zápis do katastru nemovitostí, na který je zam ena kapitola íslo sedm "Zápisy do katastru nemovitostí". Abstract Transfer of ownership right to land The thesis describes the transfer of ownership right to land. It compares the new legislation which came into force 1. 1. 2014 with the old legislation. Firstly, the key concepts of the nature of land law are defined. These concepts are later used in whole thesis. There are two phases of transferring ownership right to land. The first phase (the legal title) is explained in charter six: "Contractual transfer of the ownership right to land". This chapter describes individual contract types (contract of sale, contract of donation, contract of exchange) and other...

Transfer of ownership right to land The thesis describes the property law transfer process and provides its clear and comprehensive explanation. The thesis compares the new legislation which came into effect on 1st January 2014 with the previous one. Further, the thesis describes the criticized parts of the prior legislation and how legislators dealt with the problematic and criticized parts in the new legislation. The thesis is divided into three main chapters. The first chapter defines the nature of land law and describes its basic concepts. The second and the third chapter focus on two phases of transfer of ownership right to land. The first phase means the legal title to transfer of ownership right to land. This phase is defined and described in the second chapter. The whole transfer process of ownership right to land is completed by a deposit of right in the Land Registry.

The purpose of my thesis is to describe unit owners association as a subject of law in the Czech Republic. It focuses on analysis of the most significant problems of the current legal regulation in the Act No. 72/1994 Coll., on apartment ownership. It also concurrently reflects the legislation in the new civil code, in which is the apartment ownership incorporated. The subject of thesis was selected because of its actuality in the professional literature and in the daily life. The issue of the unit owners association affects more and more inhabitants because of its mandatory membership and increasing amount of apartment owners. This dissertation consists of six individual chapters. Each chapter looks at the basic principles of the unit owners association and contains subchapter reflecting legal regulation in the new civil code. The first chapter concentrates on the legal regulation of the unit owners association. It looks at the most significant changes in the apartment ownership legislation, which have constituted unit owners association as a legal person. It also includes basic analysis and classification of amendment to apartment owners legislation in the new civil code. The second chapter looks at the legal status of unit owners association. It describes its characteristics as a person of law,...

This thesis looks into the tax aspects of real estate and property transfers, especially focusing on the ownership of apartments by private individuals, as the most typical owners. The paper is divided into three major parts. The first part, chapter one and two, contains the necessary introduction to the general concept of tax law, its main institutes, and the theoretical analysis of the tax itself. This theoretical part also includes the overview of the current tax system in the Czech Republic, together with all applicable taxes. Among these taxes, highlighted are those that can involve the aspects of real estate ownership, stating in what cases this occurs or may occur. The second part, chapters three through five, contains the essential part of the thesis, focusing on the complex overview of taxes that affect any real estate owner, either due to the ownership itself, or due to its transfer to another subject. Most attention is paid to direct taxes, and, among them, to the property tax and the tax on real estate acquisition. In the tax overview, the thesis focuses on the current valid legislation governing each type of tax, but also on the comparison with the legislation valid before January 1, 2014, to assess the influence of the private law recodification to the tax law. To facilitate the...

Contractual acquisition of ownership of movable things: comparison of Czech and German legal regulation The aim of this thesis is to introduce and compare three main approaches towards acquisition of ownership of movable things, which are currently present on the European continent. For this purpose, three different civil codes are outlined, whereas each of them represents one possible approach. The question, which of these systems works the best, has already been thoroughly discussed at the European level. However, the Czech civil code of 2012 has decided not to follow the conclusion of these discussions and opted for a different approach. Since the Czech lawmaker does not provide a duly reasoned explanation as to why he has decided to adopt a different rule, this thesis aims to take a closer look at the reasons, which might have played a decisive role. The topic of this thesis is divided into the four parts. Chapter one is introductory and its purpose is especially to set out the essential terminology such as thing, ownership or acquisition thereof. Chapter two outlines the respective approaches towards acquisition of ownership of movable things. This chapter stepwise presents German Civil code, Czech Civil code of 1964 and Czech Civil code of 2012. Chapter three deals with the idea of...

Unit owners association as a subject of law (A comparative study of the new civil code bill) The purpose of my thesis is to analyse current legislation regarding apartment ownership which incorporates provisions regarding unit owners associations and compare it with the new Civil Code bill which will incorporate these provisions in the future. The methodology is primarily critical analysis. I explain the main problem by way of practical examples. The reason for choosing this subject of research is its topicality and the large numbers of people who live in apartments in the Czech Republic who are required to be members of unit owners associations. The thesis is composed of six chapters, five of which deal with various elements of the provisions regarding unit owner associations. Following these chapters, I look at the new Civil Code bill. The final chapter describes some provisions which apply outside the Czech Republic. Chapter One explains the legal status of unit owners associations as a legal entity and their characteristics. The chapter is subdivided into three main parts. Part One deals with the extent of the association's legal capacity. Part Two describes who represents the association and Part Three concerns the register of unit owners associations. Chapter Two describes the creation and...

The topic of this thesis is a comparison of current legal regulation of property sale and its future modification, according to the wording of the new Civil Code. In the individual chapters are respectively described the most crucial aspects of this area in a perspective of current Civil code and the wording of the proposal, including evaluation of potential impacts of the changes to law practice. At the beginning of this work are definitions of main terms of property law, especially definition of the property itself, as it is being subject to quite essential changes in the new Civil Code. Single chapter deals with the rule "superficies solo cedit," which is intended to be renewed. Apart from the short summary of origin and development of this principle, this passage focuses primarily on the reasons, which led our legislatives to abandon this rule in 1950's and subsequently identifies reasons for its present reinstallation. There is description of the process of property sale in the following chapters. It consists of two separate parts, a property law and obligation law aspects. The key issue of the property law part is the role of the Land registry. The ownership of the transferee must be registered there in order to successfully complete the transfer. The new regulation brings several changes in...