| Abstract [eng] |
The Master's thesis analyses the relationship between special land use conditions and easements. The analysis of the relationship between these two institutions is based on legal acts, their interpretative notes, case law, doctrine and scientific articles. It also assesses the views of lawyers in articles published on the internet. This topic is of particular interest as there are no articles, scholarly writings or doctrine dealing specifically with the relationship between special conditions for the use of land and servitudes in the freely available sources. However, the problem of distinguishing between these two institutions, both of which restrict the owner's (or manager's) right to the desired use of the land, is particularly sensitive. The paper first analyses the easement, its types, methods of determination, the issue of remuneration, and the fundamental aim and purpose of the institution. Next, special conditions of land use are analysed in order to compare the two institutes later on, and in the analysis of special conditions of land use, the meaning, regulation and conditions of establishment of this institute are taken into account, as well as an assessment of the types of institute. The relationship between the two institutions is then compared, with the essential difference being that special land use conditions do not confer any rights on third parties, but are intended to restrict the owner's right to use the land in question in order to protect the object or the territory. However, while it is the easement which gives the right to use the land of another, the restrictions it imposes are not identical to those imposed by the special land use conditions. |
