Easements - A comparison of Czech and Austrian legislation

Easements - A comparison of Czech and Austrian legislation Abstract The diploma thesis deals with the institute of easements and a comparison of selected problems of the law of easements in the Czech and Austrian law. The diploma thesis has two main objectives. The first objective is to provide a basic overview of the legal regulation of selected problems of the law of easements in the Czech and Austrian law. The second objective is then to evaluate, based on this overview, which legal regulation solves these problems better. The subject of comparison in Czech and Austrian law are those selected problems which cause considerable difficulties in practice. These are, firstly, the issue of the creation of an easement by way of usucaption, with a focus on the comparison of the concept of good faith in the case of ordinary and extraordinary usucaption, and secondly, the determination of the scope of subjective rights arising from easements. The thesis is divided into an introduction, 5 main chapters, which are further divided into subchapters, and a conclusion. The first chapter deals with the definition of the concept of easement itself. The second chapter deals with the historical development of private law in the territory of the present-day Czech Republic and Austria from the second half of the 18th century..