Sousedská práva

• Main Author: Růžičková, Eva
• Other Authors: Dvořák, Jan
• Format: Dissertation
• Language: Czech
• Published: 2010
• Online Access: http://www.nusl.cz/ntk/nusl-281354

Resumé The main aim of this thesis is to describe and analyze a current state of law of neighbour's rights. In the Czech Republic the legal relations between neighbours are stated in the act No. 40/1964 Coll., the Civil Code and it has an unfungible place in our legal order. The legal relations between neighbours belong into the area of the jura in re and they are connected with the problems of ownership. Ownership is absolute law. It means that it has impact against everybody. Everybody has to refrain from the intervention to owner's right but sometimes it's necessary to limit this right. One of these cases is regulation of neighbour's rights according to section 127 of Civil Code. This regulation is very austere and uses the general concepts such as "reasonable degree of conditions". In these cases, there is a collision of ownership of one neighbour with the same right of another. The thesis deals with possible interferences to the law of owners, mostly owners of neighbour's immovable things and protection from these interferences. A person in whose favour the restriction is stated state may not be a direct neighbour, but it can be anyone who interferes without prejudice to its rights. It is under the jurisdiction of the court to assess individual interventions and to decide for which of them will provide...