| Abstract [eng] |
The long-term lease and superficies are quite new law institutes. They were determined in the Civil Code in 2000. Legal discussions and practical problems are arising from separation these property rights and lease arising from the law of obligations, qualifying the law relationships between countries. So, it is seeking to analyze long-term lease and superficies, the relationship between them as well as the relation with lease arising from the law of obligation. It is possible subdivide the master paper into three main parts. Firstly, the relationship between property right and personal right is being researched as well as the differences and similarities. Though, having in mind that emphyteusis and superficies are specific object laws and lease arising from the law of obligations is not typical obligation, it is not possible to claim that the differences of property rights and personal rights are the differences of long-term lease, superficies and lease arising from the law of obligation. The closer research should be done. That is why the origin and determination of empytheusis and superficies are being analyzed in second part of the master paper. The third part of a master paper is the most important. There is the lease arising from the law of obligations as well as long-term lease and superficies are being analyzed according to these parameters: object, subject, establishment, content, remuneration, duration and end. Every institute is examined in details, they are compared and the field of problems is analyzed. Though, the master paper is oriented to analysis of national regulation of contract lease, long-term lease and superficies. It is also compared with law regulations and practical usage of the other countries, especially the kingdom of Netherlands and province of Quebec. |
