This diploma thesis is devoted to the topic of acquiring the right of ownership by prescription (usucaption). The purpose of my thesis is to analyse one of the oldest institutes of the civil law and to clarify its significance in the Czech Law. The content of the thesis is divided into five chapters. A brief introduction is followed by the chapter one, where I have defined some basic concepts, which are related to usucaption and in the conclusion of this chapter I have also defined the term "usucaption" as such. The second chapter is a historical excursion describing the principal periods of the development of the usucaption institute from the Roman law through the Common Civil Code until nowadays. The main part of the thesis is chapter three, which is divided in four subchapters named after the particular presumptions of usucaption. In this headstone of the thesis I on the first place focus on the institute of lawful possession, within which I explain the issue of consideration of a good faith, an excusable mistake and admissibility of the lawful possession so-called "contra tabulas". The second subchapter explains, which subjects of the Civil law are qualified for usucaption and which are, or in the past were, diqualified from usucaption. This part is followed by a investigation of the capacity of movable...

This paper disserts land ownership restrictions. Land ownership is restricted more intensively than other kinds of ownership due to the specificity of land as its object. Land ownership restrictions can arise either under law, under administative decisions, or under contracts. The restrictions are always represented by obligations either to allow, to omit, or to do something. The existence of land ownership restrictions is directly related to the level of social development. That is why land ownership restrictions can be found in very ancient documents such as the Code of Hammurabi. This paper, however, mainly focuses on various land ownership restrictions contained in the Charter of fundamental rights and freedoms, in legislation on nature protection, the forest act, lagislation on agricultural land resources protection, water management regulations, building code, legislation on land consolidation, law on roads and in legislation on neighborly relations. In the end the dissertation analyzes the land ownership restrictions arising from rights to property of another and from contracts with inter partes obligations.

The topic of this diploma thesis has got an interdisciplinary character, which results from a conflict of property right and ecological rights. The crucial point is the internal and external ownership restriction differentiation. This gives the answer to the question whether a compensation for restriction is provided or not. The thesis deals with legal reasons of the restrictions that arise from the specific character of land and also with the typology of restrictions according to its establishment. Selected restrictions regulated by particular environmental laws and the Building Code are analysed in the main part of the thesis. The conclusion points out the imperfections of legislation and provides possible solutions as well.

The reason why I chose this topic for my master's degree thesis is its currency, which results from the recodification of the Czech civil law. The topic is also interesting and useful. I also live in two Flat Owners Associations (FOA), so it may have influenced my option. The aim of the thesis is to describe and explain the basic institutes of FOA. I put some emphasis on its bodies, while trying not to avoid the interpretative disputable areas. I will be grateful if this thesis helps some FOAs in their everyday problems. The thesis is divided into twelve chapters. After the introductory, theoretical and historical chapters, there follows the fourth chapter, which deals with the two fundamental terms - the administration of the house and the common parts of the realty. The fifth chapter describes FOA as an artificial legal person. It also deals with the founding and establishment of FOA. The next chapter focuses on the articles - the very important instrument for FOA's operation and management. The seventh chapter characterizes the rights and duties of the owners of the flats. The bodies of FOA and the judicial intervention into its decision-making process are analyzed in chapters eight and nine. The task of the tenth chapter is to describe the special form of (the) decision-making of the owners of...

THESIS SUMMARY: ARTICLES OF APARTMENT OWNERS ASSOCIATION The thesis deals with the regulation of apartment owners associations in the Czech Republic, in particular, with the articles of association of such legal entity. The paper is divided into three parts. The first part focuses on the Czech statutory regulation (especially The Act on Ownership of Apartments No. 72/1994 of Collection of Laws, and The Government Order No. 371/2004 Coll.) of the apartment owners association in general. There has been provided a short survey of the historical evolution of the ownership of apartments in the world as well as in the Czech Republic and a short depiction of the approaches on apartment ownership models - Anglo-Saxon-French and German Models. Greater attention in the first part is given then to the legal entity of apartment owners association. It examines the foundation and dismissal of the association, its legal capacity (and limits given by law), the membership in such association, and its bodies - assembly, statutory body, and other optional bodies. The second part is devoted to the articles. It is always necessary to examine the articles in light of the current legislation, which greatly affects the content of the articles. In the beginning of the second part, short characteristics of the articles is given,...

The primary focus of this thesis is a state-owned enterprise, its basic characteristics, the State-Owned Enterprise Act as its principal source of legislation and its status given by some other laws. The state-owned enterprise is a state organization and a specific organizational legal form of business through which the state carries out management of its property, carries on a business and thereby fulfills the purpose for which state-owned enterprise was founded. Specificity is manifested mainly by its property itself, the relationship to that property, the way of establishment and by performance of quasi-shareholders' rights. The main attribute of state-owned enterprises and state organizations in general is incapacity of possession of property rights. Inability of ownership does not only contrast with the ability to bind, but also raises questions concerning the legal personality. The relationship to the property has been expressed by rather vague "right to manage", which has not been used yet. The state-owned enterprise is regulated mainly by the State-Owned Enterprise Act. This regulation, though very brief in scope, has the ambition to be comprehensive legislation for state-owned enterprises. Nevertheless it is not sufficient for the treatment of all possible legal relations arising from the...

Rights and duties of the member of Flat owners association The purpose of my thesis is to focus on applicable law in the Czech Republic, particularly the Flat Ownership Act 72/1994 Coll. and analyze the rights and duties of the members of Unit owners association. The reason for my research is that the flat ownership and housing is one of the most important sector which affects the general public. The thesis is composed of three chapters, each of them dealing with aspects of flat ownership. Chapter one informs about historical context of housing and tries to introduce the flat ownership in general. Thesis provides information about contemporary regulation and also about relevant provisions of new coming civil code which will be applicable by 1 January 2014. Next chapter is introductory to Flat owners association and defines basic terminology. It explains a legal framework regulating the legal entity of the association and regulation of common property management. Including the internal structure and describes some relevant issues in respect with Flat owners association. Last chapter is most significant part of the thesis. The main aim is to analyze the rights and duties of flat owners and especially the members of flat owners association. The thesis concentrates on problems resulting from this...

Ownership Land (object, subject-matter and content) The aim of my thesis is to give a brief owerview of ownership land, namely its object, subject-matter and content. The reason for choosing this topic is that with no doubí belongs to the current issues in the field. Primarily, considering the object ownership land, ie land and its special features, mainly its limited quantity. The thesis is composed of four parts further divided into chapters and subchapters. Part one deals with object of ownership land. The land has certain special characteristics: it has a multifunctional and indispensable character of the land, the limited extent and the irreplaceability, the fact that the land is not a result of human activities and finally, the special characteristic that the land is not consumed or destroyed by using. In this chapter is land also defined as a thing and as a plot of land. An important and signifiant institute of Land law is purpose-categorization of the land. I deal with that issue at the end of this part. Part two is focused on subjects-matter of ownership land. There is an interpretation of natural persons, legal entities, territorial self-governing units and state. Just as other things also the land may be owned by more than one owner. This issue is engaged in a chapter on co-ownership....

Lease and ownership of non-residential premises Resumé The objective of my thesis is to describe in detail the current lease (sublease), and ownership of non-residential premises as well as their expected changes in the new Civil Code. Within my thesis I branch out into several chapters in which I try to provide a comprehensive view on the legal legislation of the concepts of a lease, sublease and ownership. I have analysed these terms and referred to the current as well as previous judgments where the legislation appears to be ambiguous, notably judgments delivered by the Supreme Court. Chapter One is introductory and defines basic terminology used in the thesis, non- residential premises. Chapter Two is subdivided into parts which I dedicated to lease of non residential premises. This part of my work is devoted to a brief historical overview and current legislation of lease of non-residential premises most notably in view of selected parts of the Act No. 116/1990 Coll, and Act No. 40/1964 Coll. It provides an outline about creation of lease, particulars of the contract, rights and obligations of the lease and termination of lease. Act No. 116/1990 Coll. is significant as it restores the rights, which were removed during the period of socialism, of owners of non-residential premises to rent their property....

Thesis abstrakt Legal institute of settlement The aim of the thesis is to characterize the legal institute of settlement from a general viewpoint, as well as to describe the most common situations where the institute of settlement is applied according to Civil Code. The thesis is composed of five chapters. The chapter One is introductory and characterizes the settlement as a process, in which the existing relations between subjects are liquidated while new ones are formed concurrently. The following chapter is divided into four subchapters relating to the settlement of common property. The first of them explains what the co-ownership means in Civil law. Then the both ways of termination and settlement of common property are described, i.e. the termination of a settlement of common property by an agreement of co-owners and by a decision of court. The last subchapter is devoted to legal regulations of co-ownership in new Civil Code which is expected to be passed. The chapter Three is focused on the settlement of community property. The property relations between spouses are mostly necessarily settled when the marriage has terminated by death or by dissolution of marriage. In two specific cases the community property terminates and must be settled, although the marriage still exists. It occurs in case of...