The thesis maps the decision-making practice of courts in real estate cases and related areas. Judicial decisions are organized in logical parts and there was an effort to provide an overall and comprehensive overview of the opinions held by courts on the individual legal questions arising in real estate cases and thus define the most frequent causes of the disputes and their subject-matters. Explicated in the light of the decisions rendered by the Supreme Court of the Czech Republic and the Supreme Administrative Court of the Czech Republic, or even the findings of the Constitutional Court of the Czech Republic, are judiciary’s attitudes to the basic principles of real estate agency and real estate activity in general, as well as to relating legal questions, with special regard to the contracts usually entered into in real estate practice, primarily agency contracts and mediated contracts. So far, case-law of this kind has not been comprehensively studied, despite the fact that there still are uncertainties regarding both the real estate legislation and the approach to resolution of real estate cases, as well as ensuing typical contractual obligational relations between parties on the real estate market. This is also the reason why this particular topic was chosen for the thesis. Based on the coverage and a thorough analysis of the judicial decisions at issue a conclusion is made that decision-making practice has already stabilized in some real estate areas and these decisions are used as basis in future cases. Nevertheless, there still are some legal questions which have not yet been tackled by courts or conflicting judicial decisions, which may even be rendered in the most essential and fundamental issues of real estate activity. This is partly due to the fact that the real estate market is still a relatively young business field and partly due to missing or inadequate legislation which is to provide for real estate activity, including real estate agency.
| Identifer | oai:union.ndltd.org:nusl.cz/oai:invenio.nusl.cz:232551 |
| Date | January 2011 |
| Creators | Dvořák, Miroslav |
| Contributors | Valdhans,, Jiří, Telec, Ivo |
| Publisher | Vysoké učení technické v Brně. Ústav soudního inženýrství |
| Source Sets | Czech ETDs |
| Language | Czech |
| Detected Language | English |
| Type | info:eu-repo/semantics/masterThesis |
| Rights | info:eu-repo/semantics/restrictedAccess |
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