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Lecturer(s)
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KOVÄŘOVÄ Kateřina, doc. JUDr. Ph.D.
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Course content
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The field of land law encompasses the regulatory framework governing land-related legal relationships, encompassing both public and private law. The course focuses on the regulation of public law relationships, with an emphasis on specific situations where both public and private law norms apply (typically the creation of ownership rights to land through contract). The course pays particular attention to these situations specific to legal relations concerning land, with an emphasis on enabling students to identify public law relations in specific situations, distinguish them from private law relations, and apply the norms, principles, and methods of public law. With regard to content, particular attention is paid to matters related to the compulsory restriction and deprivation of ownership rights to land, the real estate cadastre (in particular administrative proceedings conducted under the Cadastral Act, cadastral renewal and revision), land consolidation, selected issues of construction law, and selected public law regulations that contain public law specifics of the ownership and use of certain land (e.g. forest and agricultural land, land on which public transport or technical infrastructure is located, etc.). The course covers the following topics: - Introduction to public law regulation of legal relations to land (principles, methods, basic concepts, sources). - Public law restrictions on land ownership and expropriation proceedings. - Purpose-based land categorization. - Land-use planning (especially in relation to land categorization) - Prerequisites for building on land, building permits - Building on someone else's land. Unauthorized and illegal construction. - Land registry. Administrative proceedings under the Land Registry Act. Maintaining the land registry in accordance with reality: revision, correction, renewal. - Land consolidation. - Access to land (right of access to another's land, securing access to one's own land: general use, purpose-built roads, purpose of expropriation, etc.) - Specifics of the legal regime of selected categories of land (agricultural and forest land, land associated with water, land intended for mineral extraction, land on which technical infrastructure is located, land in protected areas and protection zones). - Specifics of ownership and use of land by the state and local government units.
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Learning activities and teaching methods
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Discussion, Lecture
- Contact hours
- 26 hours per semester
- Preparation for an examination (30-60)
- 52 hours per semester
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| prerequisite |
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| Knowledge |
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| Knowledge of selected issues of substantive civil law (substantive rights, legal actions, subject matter) and the basics of administrative law (basic knowledge of the principles of administrative authorities and administrative proceedings) is assumed. |
| Skills |
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| It is assumed that the student has basic skills in case law (searching and working with case law), the text of the law - the ability to apply interpretative methods. |
| Competences |
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| N/A |
| learning outcomes |
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| Knowledge |
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| Upon completion of this course, students will have acquired a fundamental understanding of the institutions, principles, methods and sources of land law from a public law perspective. |
| Skills |
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| Upon completion of this course, students will have acquired a fundamental understanding of the institutions, principles, methods and sources of land law from a public law perspective. |
| Competences |
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| Magister study: apply their professional knowledge and skills and communicate their own professional opinions clearly and persuasively to professionals and the wider public |
| teaching methods |
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| Knowledge |
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| Lecture The subject is taught in the form of lectures, which focus mainly on explaining difficult parts of the taught material and on understanding the interrelationships between the individual subtopics. Emphasis is also placed on linking individual topics with practice, for which purpose case law and concrete examples are used. Discussion |
| Skills |
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| Lecture The subject is taught in the form of lectures, which focus mainly on explaining difficult parts of the taught material and on understanding the interrelationships between the individual subtopics. Emphasis is also placed on linking individual topics with practice, for which purpose case law and concrete examples are used. Discussion |
| Competences |
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| Lecture The subject is taught in the form of lectures, which focus mainly on explaining difficult parts of the taught material and on understanding the interrelationships between the individual subtopics. Emphasis is also placed on linking individual topics with practice, for which purpose case law and concrete examples are used. Discussion |
| assessment methods |
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| Knowledge |
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| Assessing the quality of students' knowledge (skills) through written expression. |
| Skills |
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| Written exam |
| Assessing the quality of students' knowledge (skills) through written expression. |
| Competences |
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| Written exam |
| Assessing the quality of students' knowledge (skills) through written expression. |
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Recommended literature
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Příslušné právní předpisy.
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Sborník konference Dny práva 2012. Brno: Masarykova univerzita, 2013.
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Adamová, Hana; Brim, Luboš; Coufalík, Petr,; Dobrovolná, Eva,; Hanák, Jakub,; Pekařová, Anna. Pozemkové vlastnictví. 2020. ISBN 978-80-7598-690-0.
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Barešová, Eva-Bláhová, Iveta-DOubek, Pavel-Janeček, Bohumil-Nedvídek, Lumír-Souček, Petr. Katastrální zákon: komentář. Praha: Wolters Kluwer, 2019.
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Baudyš, Petr. Katastrální zákon : komentář. Praha: C.H. Beck, 2014. ISBN 978-80-7400-525-1.
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Franková Martina. Několik poznámek k problematice opuštění nemovitosti, Časois pro právní vědu a praxi, roč. XXII(No 2).
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Franková, Martina. Právní aspekty environmentálně udržitelné výstavby - možnosti a limity stavebního práva. 2023. ISBN 978-80-7676-741-6.
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Franková, Martina. Úvod do pozemkového práva. 2014. ISBN 978-80-87488-19-5.
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Pekárek M. a kol. Pozemkové právo. Brno: MU, Právnická fakulta, 2015. ISBN 978-80-210-7750-8.
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Staša, Josef,; Rajchl, Jiří. Sondy do stavebního práva. 2018. ISBN 978-80-87975-85-5.
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