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Dissertations / Theses on the topic 'Vyvlastnní'
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Šestáková, Romana. "Právní úprava vyvlastnění pro výstavbu dopravní infrastruktury." Master's thesis, Vysoké učení technické v Brně. Ústav soudního inženýrství, 2011. http://www.nusl.cz/ntk/nusl-232605.
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This master´s thesis deals with a legal regulation of expropriation for construction of traffic infrastructure. Basic related terms such as ownership, property, a building, public works etc. are defined in the first part. The second part deals with the historic development of expropriation. The third part discusses the purposes and aims of expropriation, the term “public interest” and harmony of the aims and tasks of zoning. A special part is devoted to the expropriating proceedings, the principles of the expropriating proceedings, the participants of the proceedings etc. The last part deals with the possibility of expropriation for the purpose of construction of traffic infrastructure and the specifics related to this issue.
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Tesařová, Zdeňka. "Právní úprava vyvlastnění z pohledu investora a znalce." Master's thesis, Vysoké učení technické v Brně. Ústav soudního inženýrství, 2011. http://www.nusl.cz/ntk/nusl-232594.
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The thesis deals with the institution of expropriation and explanation of basic terms. Subsequently is explained the enactment of the institution of expropriation focusing the role of the investor and the expert. Expert sets according to the expertise report the amount of compensation for expropriation and expenses connected with it. It also specifies the participation and tasks of the investor, who enters the expropriation. The aim of this thesis is to take into account questionable aspects of participation of the investor and the expert in the expropriation proceedings and to adumbrate their possible solutions.
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Kubínková, Martina. "Analýza institutu vyvlastnění majetku ve veřejném zájmu v ČR." Master's thesis, Vysoká škola ekonomická v Praze, 2009. http://www.nusl.cz/ntk/nusl-11007.
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Diploma thesis analyses the institute of expropriation as a significant intervention to the property right of private subjects. The first chapter attends to different forms of property and tries to find the reasons for existence of public domains. The next part deals with the conception of public interest and approaches to this conception. The chapter about the legislature resumes the most important items of the Law of Expropriation and other laws relating to this question. In the fourth chapter are described cases of expropriation for different reasons in the Czech Republic. The last part analyses described cases, criteria for the comparing are the legal conditions for expropriation: public interest, effort to agreement with the owner and compensation of expropriation. The analysis comes to the conclusion that the biggest problem is insufficient legislature of the institute of expropriation.
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Kuča, Jiří. "Posouzení vlivu územního plánování na cenu pozemků ve vybrané lokalitě v Přerově." Master's thesis, Vysoké učení technické v Brně. Ústav soudního inženýrství, 2014. http://www.nusl.cz/ntk/nusl-233064.
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The task of the thesis is to assess the impact of spatial planning on land prices in the selected location in Prerov. The work is divided into two parts. The theoretical part deals with legal aspects of the spatial planning and a description of the selected site. The practical part will deal with the analysis of the evolution of land prices in the selected location. The assessment will take place in recognition of one of the selected estate in the area at all stages of urban planning. Land will be valued as agricultural, agricultural determined for building up with the landscape plan, building plot - not build on and bulding plot build-up with the building.
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Prchal, Petr Mgr. "PRÁVNÍ ÚPRAVA VÝKUPU ÚČASTNICKÝCH CENNÝCH PAPÍRŮ S PŘIHLÉDNUTÍM K OCHRANĚ PRÁV MINORITNÍCH AKCIONÁŘŮ." Master's thesis, Vysoká škola ekonomická v Praze, 2008. http://www.nusl.cz/ntk/nusl-2932.
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Analýza výkupu účastnických cenných papírů (squeez-out) v právu ČR. Součástí práce je rozbor procesu, který směřuje k ?vytlačení? menšinových akcionářů z účasti na společnosti. Proces výkupu je hodnocen z hlediska ochrany vlastnického práva a institucionální zajištění ochrany práva menšinových akcionářů.
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Petr, Petr. "PRÁVNÍ ÚPRAVA VÝKUPU ÚČASTNICKÝCH CENNÝCH PAPÍRŮ S PŘIHLÉDNUTÍM K OCHRANĚ PRÁV MINORITNÍCH AKCIONÁŘŮ." Master's thesis, Vysoká škola ekonomická v Praze, 2008. http://www.nusl.cz/ntk/nusl-13099.
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Analýza výkupu účastnických cenných papírů (squeez-out) v právu ČR. Součástí práce je rozbor procesu, který směřuje k ?vytlačení? menšinových akcionářů z účasti na společnosti. Proces výkupu je hodnocen z hlediska ochrany vlastnického práva a institucionální zajištění ochrany práva menšinových akcionářů.
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Hanák, Michal. "Znalecká činnost při vyvlastňovacím řízení." Master's thesis, Vysoké učení technické v Brně. Ústav soudního inženýrství, 2013. http://www.nusl.cz/ntk/nusl-232836.
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The theme of this work is expert activities in the expropriation proceedings. In the first part of this paper will focus generally on expropriation and on terms that are associated with this institute. I will also consider the purpose of expropriation and the laws under which it is possible to carry out the expropriation. A description of the actual course of the dispossession, respectively. expropriation under the Expropriation Act. In the next section I will deal with expert activities in the expropriation proceedings, ie the status of an expert in the expropriation proceedings, the structure of the expert report and its appurtenances and eventually own appreciation for the expropriation proceedings. In the last part of this work create a training expert opinion for the purpose of expropriation, which is evident from its structure.
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Hájek, Viktor. "Posouzení výhodnosti zřízení služebnosti vedení liniové stavby." Master's thesis, Vysoké učení technické v Brně. Ústav soudního inženýrství, 2018. http://www.nusl.cz/ntk/nusl-377747.
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The aim of thesis was evaluate consistituion of service linear constructions. In literature search are analyse civil, energetic and expropriation law problems from position of distribution companies. The practical part contains calculations of selected services by each valuating which are evaluated in chapter Discussion and results.
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Kecl, Michal. "Regulace akciového trhu - dopad vybraných regulačních opatření na akciové trhy." Master's thesis, Vysoká škola ekonomická v Praze, 2009. http://www.nusl.cz/ntk/nusl-9249.
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The thesis is focused on state interventions and regulation on field of stock exchanges. On special examples I show for and against argumentation of real precautions. I repeal the questions of public konvenience of these precautions. In the first part of the thesis I begin with historical genesis of exchange especially in our area including the origin -- private or state. The first part continue with theoretical functions of stock exchange and its fulfilment in case of The Stock Exchange in Prague. In the second part I present dilemma of squeeze-out or expropriation of minority shareholders.There will be arguments of proposers, opponents and also neutral arbiter representing by The Constitutional Court of the Czech Republic. In the third part of the thesis I present an example of foreign regulation. It is Sarbanes-Oxley Act with its impact on different entities. In conclusion I propose some changes and I want to give a support to discussion about state admission to regulation of stock markets.
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Veselá, Kateřina. "Znalecká činnost při vyvlastňovacím řízení." Master's thesis, Vysoké učení technické v Brně. Ústav soudního inženýrství, 2015. http://www.nusl.cz/ntk/nusl-233103.
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This diploma thesis deals with expert activities, which are following the connection with expropriation process. The work is divided into three parts, each of them is targeted by specification and contant. First are analyzed the basic related concepts of this thesis, the continuence of expropriation process and historical background of expropriation. Attention is also paid to the protection and limitation of proprietary rights. The second part deals with expert activity and status in the expropriation process. The final part of the thesis is a purely practical one. The content is related to the creation of a practice expert judgement for expropriation purpose, from which describe its structure.
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Kožušníková, Lucie. "Znalecká činnost při vyvlastňovacím řízení." Master's thesis, Vysoké učení technické v Brně. Ústav soudního inženýrství, 2016. http://www.nusl.cz/ntk/nusl-241272.
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The aim of this thesis is to define the position of an expert on an expropriating proceedings and creating an expert opinion for these uses. In the theoretical part the definitions connected to expropriation and expropriating proceedings are explained. An expert activity and an expert opinion are defined in other chapters in the theoretical part. Last two chapters deal with transportation infrastructure and evaluating of the immovable assets where there are the established price, the common price and the ways of evaluating. The practical part of the thesis is devoted to the expert opinion in expropriating proceedings. The established price, the standart price of expropriated immovable assests and compensation for moving are set in a comparing way within the expert opinion.
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Koranda, Vladimír. "Protiplnění při povinné nabídce převzetí a vypořádávání při nedobrovolném snížení podílu akcionáře." Master's thesis, Vysoká škola ekonomická v Praze, 2009. http://www.nusl.cz/ntk/nusl-16374.
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This work deals with valuable consideration when changes of ownership of equity securities occur in connection with corporate changes in joint-stock company, especially with unwilling changes -- rise of registered capital with excluding the priority subscription right (§ 204a/5 of the Commercial Code), unwilling transfer of shares on the major shareholder (§ 354 of the "Act on the changes of commercial companies and associations") and squeeze out (§ 183i of the Commercial Code). Valuable consideration defines relatively in detail the Takeover Bid Act. This framework could be to certain extent analogically used for valuable consideration in unwilling transaction. However, its definition itself offers a considerable room for interpretation, so is also seized as the independent secondary topic (chapter 1). The main topic concerns two basic aspects. The first is a company evaluation. In this aspect we will take a look only at the dependence of the expert providing the evaluation on major shareholder (chapter 5). Work aims at the second problematic aspect of unwilling transaction - a premium over the valuable consideration for the infringement of right (chapter 2, especially section 2.4.). The work also deals with unevaluated risks of minority shareholders in the period beginning the day to which the company was evaluated to time of the pay out of ownership (chapter 4).
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Adensamová, Fay. "Chování investorů v Pražské památkové rezervaci." Master's thesis, Vysoká škola ekonomická v Praze, 2012. http://www.nusl.cz/ntk/nusl-205505.
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The current situation in the historic centre of Prague does not allow for interference in the behaviour of investors. The tools for protection of Prague Historic Reservation are insufficient. Much of the real estate is not used and becomes ruins, resulting in an irreplaceable cultural and social, but also economic loss to the Prague Historical Reservation which is on the UNESCO World Cultural and Natural Heritage List. The aim of this thesis is to analyse the current state of Prague Historic Reservation as well as to suggest possible solutions. Analyses, own research, interviews and statistics have been used to prove the situation. There is a part of the thesis comparing the current state with other cities abroad (e.g. Vienna, Dresden, Cologne, Paris).
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Štefková, Anna. "Problematika oceňování církevního majetku." Master's thesis, Vysoké učení technické v Brně. Ústav soudního inženýrství, 2013. http://www.nusl.cz/ntk/nusl-232707.
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In my thesis I tried to look into the issue of state property settlement with churches. This issue stirs public opinion in our society since the mid-nineties. The first chapter endeavours to discover the fundamental principles of the performance of the church in the past. Covering from property acquisition, through its management to the semantic role of property in general. Last but not least, it tries to describe the economic situation of the largest church in Czech Republic - Roman Catholic. The second part seeks to describe the events of nationalization of church property in February 1948, under the applicable legislation from that period. It also gives some insight into other forms of expropriation. The third chapter explore insight into the legislative process of state property settlement with churches and discusses the pros and cons of the problem in general. The fourth and fifth chapter deals with the theoretical question of valuation, valuation methods or valuation regulations. The final section summarizes the control mechanisms, which will protect the recovered property from depreciation in value.
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Hostovská, Helena. "Vyvlastnění." Doctoral thesis, 2020. http://www.nusl.cz/ntk/nusl-436099.
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1 Expropriation, Abstract Expropriation means withdrawal or limitation of someones property. This represents major interference into the fundamental right to property, as it this encorporated into the article 17 of European Union Charter of fundamental rights, as well as into the article 11 of the Charter of fundamental rights and freedoms, which is part of the Constitutional order of the Czech Republic. However, in the public interest, under the law and for compensation it is possible to initiated proceedings. Expropriation is permitted only in extreme cases where the public interest in the realization of a particular project outweighs private interest. Law sets out strict conditions for expropriation. The legal basis is the Charter of fundamental rights and freedoms according to which expropriation is possible only in public interest, under the law and for compensation. A specific regulation governing the whole process of expropriation is Act No. 184/2006 Coll., on expropriation. The partial regulation is also in the Act No. 416/2009 Coll., on accelerating transport, water, energy and electronic communication infrastructure. Expropriation is possible only for certain purposes, which are defined in specific laws, especially in Act No. 183/2006 Coll., Building act, Water act, Energy act and other. The...
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David, Jakub. "Vyvlastnění nemovitostí." Master's thesis, 2009. http://www.nusl.cz/ntk/nusl-273981.
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88 Resumé The title of this work is Expropriation Of Real Property. I chose this theme because of its magnitude, atractivity and exceptional character. It is a necessary part of legal systems i modern states, really important for thein development. The true essence of this institute consists in involuntery authoritative limitation or total seizure of private as well as public legal subjects`s property. On the other side the expropriation is absolutely subsidiary institut applicable only as the last solution. Property right pertains to the most fundamental human rights. Legal rules which include protection of the proprietary right, mostly includes also posibility to expropriace this right. In international law we can find it in The First Protocol to the European Convention for the Protection of Human Rights and Fundamental Freedoms. In czech legal system the constitutional amendment of the expropriation and also the protection of possesion can be found in Artikle 11 of the Bill of Fundamental Rights and Freedoms, besides the Civil Code regulates it too. The legal institute of expropriation is not very old. The ancient Roman law didn`t know it. It would be too big intervention to their conception of absolutely inviolable possesion. The expropriation begins getting into legal systems with an advent of modern...
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Svoboda, Martin. "Vyvlastnění nemovitostí." Master's thesis, 2009. http://www.nusl.cz/ntk/nusl-274950.
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79 14. EXPROPRIATION OF OWNERSHIP TITLE TO LAND AND BUILDINGS This work is titled "Expropriation of ownership title to land and buildings". An expropriation is one of the special interference of the state to the property right. It not allows only to the deprivation of the ownership title but also the restriction thereof. In the Czech Republic there are legal bases of expropriation established in the Bill of Fundamental Rights and Freedoms, which is part of constitutional system. Based on the article no. 11 this constitutional law the expropriation and limitation of property rights is possible only in public interest, under the rule of law and with compensation. The specification of these conditions of the article No. 11 of the Bill of Fundamental Rights and Freedom contain Czech Civil Code and the Commercial Code, which determines conditions for the expropriation of property owned by foreigners. The general rule for expropriation is Act No. 184/2006 Coll.(Expropriation Act), governing expropriation of the ownership title to land and buildings, including the next condition of expropriation, compensation for expropriation and special administrative procedure. One of the main legal conditions of expropriation is existence of purposes of expropriation. The Expropriation Act itself does not determine the purpose...
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Havelka, Rostislav. "Vyvlastnění nemovitostí." Master's thesis, 2011. http://www.nusl.cz/ntk/nusl-297864.
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RÉSUMÉ This master's thesis examines the legal institute of "Expropriation of Real Property", i.e. severe interference with the inalienable absolute right to own property, which is guaranteed by the Constitution of the Czech Republic as well as the European Convention for the Protection of Human Rights and Fundamental Freedoms. This thesis concentrates on the basic principles of the institute of "Expropriation", the current legal framework, its comparison to earlier institutes and to the institutes implemented in various EU member states; it also examines current and past court cases and analyses court rulings of all levels of jurisdiction dealing with the subject of "Expropriation". This thesis also comments on the current legal framework, indicates its potential problems and attempts to find a solution taking into account that there is hardly any literature covering the current legal framework and that there have not been many court rulings dealing with this subject in contemporary Czech history, which on the other hand gives enough space for the reasoning of the respective authors covering the given subject. Moreover, given the lack of the aforementioned sources, it is difficult to grasp the subject and come to grips with it properly. This offers a whole range of possible interpretations and differing...
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Nováčková, Lenka. "Vyvlastnění nemovitostí." Master's thesis, 2008. http://www.nusl.cz/ntk/nusl-291863.
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Danajovič, Martin. "Vyvlastnění nemovitostí." Master's thesis, 2007. http://www.nusl.cz/ntk/nusl-293171.
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Šebestová, Renata. "Vyvlastnění nemovitostí." Master's thesis, 2010. http://www.nusl.cz/ntk/nusl-295926.
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Expropriation of Real Property The purpose of my thesis is to investigate expropriation as an institute of administrative law in general and the conditions of its application. The thesis concentrates on the property right limitation and on the legal regulation of compensation for the limitation. Besides historical evolution, present legal regulation is described with focus on the most important expropriation conditions - public interest, purpose and compensation for expropriation. Last part of the paper addresses the administrative procedure of deprivation and limitation of the property right. The legal bases of expropriation are established in the Charter of Fundamental Rights and Freedoms, which is part of constitutional system. Based on the Article 11 of this constitutional law the expropriation and mandatory limitation of property rights is permitted only in public interest, on the basis of law, and for compensation. These conditions of the Article 11 of the Charter of Fundamental Rights and Freedom are further specified in the Czech Civil Code. The general rule for expropriation is Act No. 184/2006 Coll. (Expropriation Act), enacting expropriation of the proprietorship title to land and buildings, including the compensation for expropriation and special administrative procedure. This...
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Škvorová, Markéta. "Vyvlastnění nemovitostí." Master's thesis, 2017. http://www.nusl.cz/ntk/nusl-356301.
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The diploma thesis entitled "Expropriation of Real Estate" aims to clarify and analyse the legal regulation of forced withdrawal or limitation of the property right to real estate or rights of easement. It does not neglect the changes brought by the recodification of private law. The topic is not a new one, but it is undoubtedly topical, especially with regard to the importance of property rights itself and overlapping of public law with private law. The expropriation of real estate as the most serious interference with property rights is the ultimate means of fulfilling the needs of public interest. For this reason it can be decided only upon fulfilling all conditions stated by law. Based on analysing the English legislation of the expropriation of real estate and critical evaluation of the Czech legal system, attention is drawn to deficiencies and considerations de lege ferenda and through which there are recommended changes to be made in the Czech legal regulation.
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Burda, Zdeněk. "Právní úprava vyvlastnění." Master's thesis, 2012. http://www.nusl.cz/ntk/nusl-306893.
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77 Abstract The aim of this work is to give readers a treatise on the legal regulation of expropriation together with its causes and starting points. Expropriation, as an inter-sectoral dynamic institute, has undergone long-term development. The current regulation was adopted relatively recently, and only practical application will show, whether the revolutionary or just cosmetic changes are necessary. Expropriation is a forced intervention to property rights on the basis of an individual administrative act, its main object are lands and then other objects. We need to realize, that the change in legislation can not address all the problems and ambiguities that may arise in the process of expropriation. Legal conditions and procedures are based on the constitutional limits, which have to be always respected. Although the meaning of this work is to create a treatise of applicable legislation of expropriation and make its evaluation, the first chapter contains a treatise on the concept of expropriation. To understand the rules alone is here with regard to the concepts defined by different authors as a narrower concept of forced expropriation of extreme and serious damage to public property rights of beneficiaries. The first chapter is closely followed by the second chapter, which governs the object of...
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Král, Martin. "Právní úprava vyvlastnění." Master's thesis, 2017. http://www.nusl.cz/ntk/nusl-346139.
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The aim of the present diploma thesis entitled "The Legal Regulation of Expropriation" is to provide a coherent but not really comprehensive survey of the present legal regulation of the possibility of forced deprivation or limitation of property rights or the right corresponding to easement of land and structure. The thesis consists of nine chapters. Chapter One deals with the institute of property right as one of fundamental human rights, the existence of which is indispensable for the expropriation. Chapter Two is focused on the concept of expropriation: the definition of its basic elements, and its distinction from some other similar concepts. Chapter Three gives a brief survey of core legal regulations referring to the problem of expropriation. Further on, specific prerequisites for the expropriation are stated on the basis of the above regulations, beginning with the analysis of the object of expropriation (Chapter Four), through the statutory conditions as they are given in Chapter Five, to individual specific purposes of the expropriation (Chapter Six). In its final parts, the thesis focuses especially on the specifics of the expropriation procedural regulations (Chapter Seven). Chapter Eight is concerned with specific procedures. The conclusion brings in the conditions that may lead to the...
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Vlachová, Barbora. "Vyvlastnění a ochrana investic." Doctoral thesis, 2018. http://www.nusl.cz/ntk/nusl-388701.
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Expropriation and investment protection Abstract This dissertation deals with the issue of protection of foreign investments, especially the issue of the expropriation of foreign investments. The basic terms related to investment protection and expropriation are defined. Legal expropriation and its conditions are described at first. In the case of illegal expropriation, the state is forced, besides compensation for expropriation, to cover the damage caused by the unlawful interference. The history of investment protection is briefly presented. The next chapter deals with the legal sources in which we can find conditions of expropriation and investment protection. Attention is paid to the legal regulation of expropriation in Czech law. The thesis also focuses on investment cases, where expropriation was the main issue. Finally, the disputes that are currently brought against Czech Republic by foreign investors are mentioned. The conclusion of the dissertation deals with the problems de lege ferenda and the expected development of the legal regulation. Key words: expropriation, investment protection, investment disputes
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Poništiak, Ondrej. "Nepřímé vyvlastnění zahraničních investorů." Doctoral thesis, 2019. http://www.nusl.cz/ntk/nusl-408398.
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331 The indirect expropriation of foreign investors Abstract International trade has been booming among various types of states for several millennia. The development of international trade is influenced not only by these types of states, but also by the significant contribution of foreigners and the various entities they establish. The vision of expansion and opportunities related to new markets encourages them to abandon the explored and well-known domestic waters and plunge into foreign investment activities. The investment in the jurisdiction of a foreign host country entails several additional risks for the foreign investor in addition to the expected investment potential. These risks are related to different political, economic, legal, cultural and overall social backgrounds. Nevertheless, at the beginning of the 21st century, foreign investment is reaching staggering parameters. On a global level the total foreign direct investments amounted to USD 1.43 trillion in 2017. Of course, such an important social area is subject to regulation. Since about the middle of the 20th century, said regulation has included the standard of protection of foreign investors against indirect expropriation, which is the subject of the submitted thesis. This kind of expropriation is currently one of the most fundamental...
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Schweiner, Petr. "Vyvlastnění staveb a pozemků." Master's thesis, 2010. http://www.nusl.cz/ntk/nusl-276310.
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Resume This work deal with Expropriation of buildings and land in Czech Republic. Main part of this work is dealing with the new Expropriation Act, which became effective from 1 January 2007, but not only, because this act is one of several act, where expropriation is regulated. More important regulation is included inthe Czech Bill of Fundamental Rights and Freedoms, where is determined constitutional principles of Expropriation and limitation of property rights. These conditions are: "in public interest under the rule of law and with compensation." These constitutional principles are specificated in the Czech Civil Code and expropriation act. Very important for Czech regulation are international documents for example the European Convention for the Protection of Human Rights and Fundamental Freedoms from 1950. Specially the First Protocol to the European Convention, signed in Paris in 1952, includes the right to the peaceful enjoyment of possesion in the Article 1. Third chapter is dealing with definition of expropriation: "taking out property by public authority." Legal definition of this term is in expropriation act where is used as legal abbreviation for expropriation and limitation of property. There is text about land and Constructions for example what is land and what is not land according to...
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Svobodová, Klára. "Vyvlastnění staveb a pozemků." Master's thesis, 2009. http://www.nusl.cz/ntk/nusl-278784.
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RATAJOVÁ, Marie. "Oceňování pozemků pro účely vyvlastnění." Master's thesis, 2015. http://www.nusl.cz/ntk/nusl-202620.
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This diploma thesis presents a comprehensive overview of the issue of land valuation for expropriation. The work includes a comparison of the frequency of the process of expropriation and the variance amount of compensation for expropriation in the Czech Republic and Austria. They were approached by employees of institutions that deal with the subject of this work. There was a consultation with ŘSD, Ministry for Regional Development, the Department of expropriation office, torts and state supervision in the České Budějovice, and others. The territory of Austria were approached eg. company employees Asfinag. In chapter Results are placed proposals improvement measures that can assist in potential future adjustment problems being solved.
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Hrnčíř, Petr. "Vyvlastnění nemovitostí v českém a německém právu." Master's thesis, 2009. http://www.nusl.cz/ntk/nusl-278062.
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67 V. ZÁVĚR Vlastnictví představuje materiální předpoklad pro rozvoj osobní svobody každého jedince a jako takové je chráněno v systémech práva národního, evropského a mezinárodního. Ústavněprávní zakotvení nalezneme konkrétně v čl. 11 Ústavy České republiky a čl. 14 Základního zákona Spolkové republiky Německo. Jeho obsah určuje v obecné rovině zákonodárce vymezením vlastnických oprávnění. Přitom musí šetřit jeho podstaty a smyslu, dodržovat zásadu rovnosti a další ústavněprávní principy. Výjimečně může být zákonodárcem umožněno vyvlastnění jakožto specifický zásah do vlastnického práva. Z dokumentů právní povahy spočívající na mezinárodní spolupráci má pro ochranu vlastnictví největší význam Úmluva o ochraně lidských práv a základních svobod, resp. její První dodatkový protokol, jež svými účinky zasahuje na základě čl. 6 SEU a skrze rozhodovací činnost Evropského soudního dvora i do oblasti práva evropského. Vyvlastnění lze pro oba sledované právní řády definovat jako cílený mocenský zásah státu do vlastnického práva uskutečněný na zákonném podkladu, který má za následek nucené úplné nebo částečné odnětí, popř. omezení konkrétních subjektivních vlastnických práv určité osoby ve prospěch státu nebo i jiného subjektu, provedený za účelem realizace projektu sloužícího obecnému prospěchu, a to za náhradu....
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Štefánková, Iveta. "Ochrana mezinárodních investic před vyvlastněním." Master's thesis, 2012. http://www.nusl.cz/ntk/nusl-311312.
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International investment law has become increasingly prominent in the international legal order. This thesis explores specific and topical problem of international expropriation law, with the main focus on the vast network of international investment agreements (IIAs) supplemented by the general rules of international law. The thesis traces the context and evolution of the protection of foreign investments in response to the transformation of state liability in international law. Particular consideration is given to the relationship between the International Minimum Standard (IMS) and the Calvo Doctrine as two clashing descriptive statements of customary international law governing the treatment of foreigners and their assets. With the onset of the BIT generation, the economical accountability of states is examined in compliance with the scope and conditions defined in clauses and provisions of the contemporary investment treaties. In addition, the thesis focuses on the substantive protection accorded to foreign investors and investments. The aim is to identify the limits of the state's right to expropriate foreign investments by imposing legality requirements standard. The requirements for lawful expropriation are addressed with a thorough examination of jurisprudence of international courts and...
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Sharapaev, Vladimir. "Vyvlastnění pro účely výstavby dopravní, vodní a energetické infrastruktury." Master's thesis, 2019. http://www.nusl.cz/ntk/nusl-404737.
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Expropriation for the purposes of construction of transport, water and energy infrastructure Résumé This thesis deals with expropriation under the regime of Act No. 416/2009 Coll. on accelerating the construction of transport, water and energy infrastructure and electronic communications infrastructure (Act on Acceleration of Construction). The thesis provides an analysis of selected provisions of this Act, evaluates the possibilities of interpretation of questionable provisions and proposes possibilities of de lege ferenda optimisation of the existing legislation. The thesis also responds to the recent amendment to the Act on Acceleration of Construction implemented by Act No. 169/2018 Coll. and analyses the potential impacts of the new legislation on the procedural position of the parties to the proceedings as well as the conformity of the selected provisions of the amendment with the constitutional order. In the first chapter, the reader is acquainted with the notion of expropriation, with the content of this term, the relevant legal regulation and the substantive conditions of expropriation. The following second chapter contains a brief description of the Act on Accelerating Construction and its contextualisation in the terms of historical and political circumstances of its adoption. The third chapter...
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Blažková, Tereza. "Vyvlastnění majetku šlechtických rodů po druhé světové válce, případ Lex Schwarzenberg." Master's thesis, 2018. http://www.nusl.cz/ntk/nusl-372601.
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1 Abstract in english: The aim of this thesis is the particular legal act n. 143/1947 Sb., on the transfer of the assets of the Hluboka's branch of Schwarzenbergs to Czech country, also known as "Lex Schwarzenberg". The purpose of this work is to describe this unusual case (in Czech law an extraordinary case), especially from the point of view of the context of its creation. For this reason, the thesis deals with the political background in the time of adoption of this legal regulation and then wiith the predominant basis of legal theory. An important part of the thesis is also the analysis of the act itself. The basis for writing the presented work was mainly archival materials from the second half of the 1940s, for example from the Archives of the Office of the President of the Republic or from the private Schwarzenberg Archives in Murau. Some of the presented archive materials have been published in the past, others not. Another important source is specialized historical-legal and theoretical-legal literature. The thesis also try to describe what led to the adoption of this legislation, and try to theoretically enlighten the meaning of the issue of such a special expropriation law for our legal system. The work is divided into a general and special part. In general part, the work focuses on defining the...
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Grafnetter, Jakub. "Vlastnictví a vyvlastnění v ČSR po skončení druhé světové války (období květen - říjen 1945)." Master's thesis, 2006. http://www.nusl.cz/ntk/nusl-266735.
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Křížová, Jana. "Vyvlastnění u liniových staveb (zejména dle Energetického zákona a Zákona o elektronickcýh komunikacích) - individuální téma." Master's thesis, 2013. http://www.nusl.cz/ntk/nusl-325516.
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The aim of this thesis is to analyse the problematics of expropriation by construction lines in the area of energetics and telecommunications, which are considered to be strategic net branches of industry. Expropriation itself is regarded as an utmost intervention in the law of property, whose guarantee is secured with the highest legal power in the constitutional order of the Czech republic. As far as the structure of this thesis is concerned, it is divided into three main chapters described as following: The first chapter deals with basic definitions of the key words of this work, namely: construction, construction line and expropriation. Construction can be perceived in the sense of not only Civil code, but also Building act and it is crucial to differ these two regulations one from another. Construction line seems to be the source of a wide range of complications due to the fact that there is no legal definition of this term in the Building act. It should be taken into serious consideration to define this term in the future. The term of expropriation has two different meanings in the czech legal system, the first meaning represented by the widely acknowledged legal theory, the second one expressed in the key regulation of this institute - the Act of expropriation. The regulation of expropriation itself...
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Kohan, Juraj. "Vyvlastňovací zásah státu do práv zahraničního investora." Master's thesis, 2014. http://www.nusl.cz/ntk/nusl-334388.
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EXPROPRIATING INTERVENTION OF THE STATE IN THE RIGHTS OF A FOREIGN INVESTOR (TAKING OF THE FOREIGN INVESTOR'S PROPERTY) The aim of the thesis is to provide a commentary on the topic of taking of foreign investor's property in such a manner, that a person, with only a fair knowledge of the term "expropriation" and no knowledge of the international investment law, would by reading the paper alone acquire a broad insight into this branch of international law and into its specific concept of taking. For this reason, there is a great attention paid to the evolution of the term in the different sources of international investment law rules, as well as to the theoretical aspects of property in the international law. The focus of the thesis is on the indirect expropriation, which is understood therein as one of the categories of the wider term: "taking". In order to explain the intricacies of the notion of indirect expropriation the author is using the terminology of criminal law. The inspiration for that was one of the articles cited in the text. The study shows that judicial decisions, although being only a subsidiary source of legal rules, are in fact principal means of determination of rules of law in this area. International agreements are slow to react to the needs of the changing relationships of...
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Cach, Martin. "Veřejnoprávní zásahy do vlastnického práva k nemovitostem při zřizování a provozování technické infrastruktury." Master's thesis, 2015. http://www.nusl.cz/ntk/nusl-349918.
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Resumé Public interference with the right of real property ownership in the course of arrangements and operation of technical infrastructure Truly exclusive in the meaning of absolute and unqualified property rights would be contradiction in terms. The technologic and mostly social development implies continually higher demands on real property owners. A legal possibility of the public interference with the right of real property ownership is clearly necessary in the course of arrangements and operation of technical infrastructure which forms an essential physical back-bone of energy, electronic communications and water management industries. Specific technical infrastructure and construction laws need to reflect both the already existing property relationships between real property owners and technical infrastructure operators and the emerging ones. The private settlement of those relationships in compliance with Civil Code is generally preferred. Because of the obvious public interest on technical infrastructure development the public law supports technical infrastructure operators with respect to real property owners' rights to gain and exercise the right of way which is necessary to arrange and operate relevant elements of technical infrastructure. The thesis identifies various forms of public...
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Šafránek, Petr. "Náhrada za odnětí a omezení vlastnického práva k pozemkům." Master's thesis, 2017. http://www.nusl.cz/ntk/nusl-368808.
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The aim of this diploma thesis is to give a comprehensive view of the legal regulation of compensation for withdrawal and limitation of the ownership right to land. This thesis is divided into eight chapters, where the introductory part is followed by six chapters and the conclusion. The first chapter briefly explains the basic institutes with an emphasis on the uniqueness of the land. The second chapter discusses the conditions of expropriation. The third chapter focuses on compensation for land expropriation. The fourth chapter deals with the limitation of the ownership right to land. The fifth chapter analyzes compensation for the limitation of the ownership right to land. The sixth chapter describes selected Acts of environmental law in the perspective of fourth and fifth chapter. In conclusion, this diploma thesis summarizes the main findings. As regards compensation for expropriation, the legislation is not stable and allows unjustified differences between landowners. As for the limitation of the ownership right to land, the situation regarding the provision of compensation is not always clear and there are some gaps in the legislation. However, these can be overcome by case-law.
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Pipková, Linda. "Doba dohledového kapitalismu." Master's thesis, 2020. http://www.nusl.cz/ntk/nusl-412312.
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The theme of this diploma theses is surveillance capitalism. Its aim is to provide comprehensive insight into the key aspects of this phenomenon that has a significant impact on the global economy and society as a whole. The first part of the thesis deals with the topic of information society and its transformational effect on the economical sphere and surveillance system. It reveals some of the key issues following this new state of society and postmodern surveillance practices as well. The second part of the thesis aims to define what is meant by surveillance capitalism, to uncover the principles and the economic imperatives that dominate various stages of the development and finally to outline the threats and ethical problems this new logic of assimilation has brought in.
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Biznárová, Katarína. "Specifika pozemkového vlastnictví církví." Master's thesis, 2017. http://www.nusl.cz/ntk/nusl-365465.
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Land ownership is specific not only for the unique features of the land but also because it constitutes an extremely important legal institute that affects the existence and functioning of the modern human society. Land ownership is historically inherently connected with the churches and has also been the subject of frequent disputes. The property of churches was also subject to continuous public oversight, which was intensified during the period of the reform of the Josef II, Holy Roman Emperor and subsequently intensified in the course of the 20th century, when numerous limitations of ownership right toward land were made. In this thesis I focus on the specifics of land ownership of churches, their description and historical development. In conclusion of my work I discuss the process of the settlement between Czech state and churches in relation to lands that have been the subject of proprietary wrongdoing and, all on the basis of the long-awaited Act No. 428/2012 Coll., on property settlement with churches and religious societies. Due to my previous work experience at the law firm, where I was able to participate in the assessment of the requests for historically expropriated land and other immovable property applied by authorized persons, I decided to break down the subject matter in my diploma...
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Šálová, Andrea. "Mladá - mezi zánikem obce a vznikem vojenského cvičiště (1904-1906)." Master's thesis, 2013. http://www.nusl.cz/ntk/nusl-326046.
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1. 4. ABSTRACT Diploma Thesis Mladá - Between the Destrution of Village and the Emergence of Military Training Ground (1904-1906) discusses the turbulent lives of the parish community on Benátky-Region, which, in 1904, was in the very center of planned artillery firing ranges and military training ground of the Austro-Hungarian army. As the only one of the affected villages, Mladá was doomed, people were forced to move, and the local buildings were used to house troops, and, subsequently, they were used as artillery targets. Sacrificing Mladá village in fact brought economic prosperity to the surrounding municipalities. The Transport infrastructure had improved, local trade got new impulses, agriculture production found a new outlet in the army etc. Finally, the dissolution of Mladá village led to the emergence of a new micro-regional center, when a small village of Milovice became a town that still commemorates this historical event village through the name of one of its urban parts - Mladá.
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Tanchinwuttanakul, Kamol. "Ochrana investic na základě dvoustranné ochrané investiční smlouvy mezi Thajskem a Českou republikou." Doctoral thesis, 2017. http://www.nusl.cz/ntk/nusl-370442.
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The commercial and investment relations between Thailand and the Czech Republic are longstanding. Currently, the Czech Republic imports a number of agricultural products and food from Thailand, and Thailand imports industrial technology from the Czech Republic. As a result, there are opportunities for Czech companies to invest in and establish business cooperation with Thai businesses with agreements to guarantee stable commercial investment relations between Thailand and the Czech Republic. Because of this, the Bilateral Investment Treaty (BIT) between both countries facilitates further development. The dissertation deals with research about the Protection of Investments under the Bilateral Investment Treaty between Thailand and the Czech Republic. The first BIT between Thailand and the Czech Republic was the 'Agreement between the Government of the Czech and Slovak Federal Republic and the Government of the Kingdom of Thailand for the Promotion and Protection of Investments (1991)' which was replaced by the 'Agreement between the Government of the Kingdom of Thailand and the Government of the Czech Republic for the Promotion and Protection of Investments (1994) (BIT between Thailand and the Czech Republic 1994), and this BIT is still in force and has not been modified or amended. The object of...
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MATOUŠKOVÁ, Jana. "Vlastnické právo a jeho uplatňování v praxi." Master's thesis, 2008. http://www.nusl.cz/ntk/nusl-44875.
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How the theme of this diploma project says, this work deals with present law regulation concerned to property rights, its content, its preservation and restriction, ways of its acquirement, co-ownership and expropriation, regulation of neighbourhood law, negotiation of realty ownerships and record of this ownerships to real estate register.
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Fecák, Tomáš. "Mezinárodní dohody o ochraně investic a právo Evropské unie." Doctoral thesis, 2015. http://www.nusl.cz/ntk/nusl-351052.
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The relationship between international investment agreements and EU law has attracted increased attention in past few years. The aim of this thesis is to bring a detailed analysis of various aspects of this complicated relationship. In attainment of this aim it proceeds in the following steps. After a short introduction (Chapter I.), Chapter II. briefly overviews typical content of bilateral investment treaties, following with a more detailed analysis of relevant EU law rules concerning foreign investment and subsequent comparison of both sets of rules. Chapter III. deals with investment agreements to be concluded by the EU, in particular with questions of external competence for foreign investment, responsibility for breaches of investment agreements concluded by the EU and the future shape of EU investment policy. The status of existing bilateral investment treaties concluded between EU member states and third countries is analyzed in Chapter IV. Chapter V. tackles various issues related to investment treaties concluded between member states (so called intra-EU BITs).
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Štamberk, David. "Investiční politika Evropské unie - ochrana přímých zahraničních investic." Doctoral thesis, 2017. http://www.nusl.cz/ntk/nusl-354451.
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Investment Policy of the European Union - protection of foreign direct investment Abstract One of the changes brought about by the Lisbon Treaty is the explicit inclusion of foreign direct investment and its protection in the common commercial policy of the European Union. This is one of the areas of exclusive competence of the EU. The European Union has subsequently stated negotiating bilateral agreements governing, inter alia, investment issues. However, it has not been spared from controversy and negative publicity that has been accompanying especially the TTIP and the CETA. This work aims to analyse the investment policy of the EU and mutual interaction of its institutions with the Member States and third parties. After general introduction to the topic of international investment law and EU law (chapters II. and III.), it is devoted to the issue of protection of foreign investment in the internal market. Its regime is then compared with the BIT regime (chapter IV.). Attention is then focussed towards the EU's external relations in the field of investment protection. Its competence is subjected to further analysis (chapter V.) and current results of efforts of the Commission and the EU as such are also discussed (chapter VI.). It is so in the light of possible impacts of foreign investment in terms of...