Comparison of contemporary legislation of basic institutes of condominium act in Czech Republic and Germany The work focuses on explaining the basic concepts which limit the whole legislation and position of homeowners' association (HOA) as a legal entity which is responsible for keeping the house. The first chapter deals with the theoretical concept behind the condominium. How does it differ from the common ownership and what are other similar concepts. Legal orders of both countries (Czech Republic and Germany) stand on classical concept of a thing. In this context the apartment cannot be a thing because it lacks independence from other things - they cannot exist outside a building (which is a thing) and therefore they cannot be legally transferred. In my opinion the current law stand on dualistic theory, where the unit is primary and the co- owner share in building and parcel are accessorial to the unit. In Germany there is a ruling principle of superficies solo cedit. That means a building is part of land and cannot be legally transferred without the land underneath. In German theory the ownership of flats constitutes a unity of three elements: co-ownership (on land), exclusive ownership (on unit) and membership in HOA. The second chapter outlines the terms which appear in the following text and which...
| Identifer | oai:union.ndltd.org:nusl.cz/oai:invenio.nusl.cz:304279 |
| Date | January 2012 |
| Creators | Sčensný, Jozef |
| Contributors | Oehm, Jaroslav, Eichlerová, Kateřina |
| 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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