On The Law Construction

Original Language Title: o právu stavby

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=15562&nr=88~2F1947~20Sb.&ft=txt

88/1946 Sb.



Law



of 6 May 1999. May 1947



on the right of the building.



The constituent National Assembly of the Czechoslovak Republic passed on

This Act:



The concept of the right to build.



§ 1



The plot may be burdened by the law of another person (the Builder), have

building on its surface or beneath the surface (right). It doesn't matter

whether it is a construction of the already established or abusive.



§ 2



Right to build can be set up so that it also applies to the land,

which there is no need for the building, which is used to better

the use of the.



§ 3



The right thing is immovable. Also, the construction is managed by the provisions on the

matters immovable, but is not a thing.



Commencement and termination of the right to build.



§ 4



Right of construction arises as soon as the fault of the loaded as the plot.

Right on předcházeti rights cannot pledge and jinaké

glitches that go to salaries in cash or is contrary to the purpose of the right to build.



§ 5



Right to build can be zříditi just as the right to temporary. The final day of the period, the

which is established, must be evident from the library of the registration.



§ 6



Right to build can be zříditi for pay or free of charge. It depends if the wage in the

repeated doses (salary), it cannot be his acreage and

maturity made dependent on uncertain future events. Building

the salary can be arranged on the law construction as a real burden.



§ 7



Building right may not be subject to a subsequent obmezeno.



§ 8



Prodloužiti can be of the duration of the building only with the consent of those for which the

are written on the land the library above the law in a law

construction.



§ 9



The client waives the right to build, the owner of a loaded land

According to documents proving this fact převésti for a period of more

neuběhlou the right to build on each other, or to any other person.



§ 10



Cancellation of the right to build before the expiry of its period, it may, without the consent

people who acquired the library rights on it, stand by obmezením,

that the legal consequences of the cancellation with respect to these rights arise only

the deletion of them.



Legal relations of the law building.



§ 11



What to build a Convention compliant client has the same rights as the owner,

what the jinakého use of the land law, the building has a loaded, if not

negotiated anything, the same rights as the recipient.



§ 12



The contract to the client can be saved to make the building into a certain

of the times.



section 13 of the



Developers the right to build zciziti and zatížiti. The right of the building passes

to the heirs.



§ 14



If there is anything else negotiated for the right of first refusal on the stavebníku

building land and the owner of the land on the right of the building.



§ 15



The client has to protect their rights to the building or to the building of the land

actions similar to actions from the property and the alleged ownership.



section 16 of the



If nothing else it is not negotiated, the owner of the building site when

building right shall expire after the period for which it was established, shall be obliged to

credit the client for a refund.



§ 17



The amount of compensation and the way the estimate can be established already in advance. Otherwise, the

paid half the value of that time the building has.



section 18



Jinaká the rights of lien and charge on the law construction may affect compensation.



§ 19



The rights and obligations of the parties may be adjusted by the Treaty only

If the law does not exclude. Dopuštěné of the Convention can be zapsati to the public

books and acts against third persons.



section 20



The right of the building is sufficient certainty, when the load does not exceed one

half the price and when the debt contracted repayments or úmorovými

Breeze up to annual payments shall be paid not later than on the fifth

the year prior to termination of the right to build.



section 21



In connection with the site is to use it adequately the provisions on execution

the land exposed to servitude. The building is the income from salary

real estate. If done for public benefits, which, according to studies, the

the provisions have to be met out of the real estate in preference of the show,

forced auction procedure, the successful bidder will assume the right to build without any deductions from

the Supreme administration.



Proceedings in the library of the Court.



section 22



For the right to build at the same time the fault is registered as zříditi special

the library element. All entries against the client is realized in this

the Jack. In the vyznačiti, in particular, is also the day on which the right to

the construction ends.



Article 23 of the



(1) If, in accordance with the Library State and in accordance with the relevant instruments vyhověti

the application for the registration of the rights of construction, noting the request in the books. This

Note has the same legal consequences as a note of the show.



(2) if the plot, which has to be burdened by the law is only part of the building,

the library of the body, is the site of the odepsati and zříditi for special

the library's request, insert notes on the sheet of defects of the new cartridge.



section 24



At the same time being able to call upon the authorities and institutions of the ukládati and vymáhati of the public

taxes and levies on land benefiting from preferential rights, in order to

fifteen days reported their rights that would otherwise these rights should

the agenda for the law building, for which registration has been applied for. Who is as follows

challenged, let it be stated in the application for the registration of the right of the building. The challenge is

doručiti into their own hands. If it was from the building site set up

Special housing, a call also indicate the library, from which it was

building plot written off.



§ 25



If the designated time logged in any such preferential right,

you decide without delay on the registration of the right of the building. If such rights

reported, is about the zpraviti of the applicant. Writing can be povoliti only,

When it was shown or to ensure the incorporation of the registered rights.

If it is not accompanied by such licence to the Court filed within sixty days thereafter, when it was

the applicant for ohlášce informed, clears the comment requests from official

obligations.



section 26



Termination of the right to build on the expiry of the period for which it was established, it clears

the mere request of owner's.



The provisions of the fee.



section 27 of the



On the tax from the alienation or transfer of a right from the next building

or from the transfer of land loaded this law the General

fee regulations with the tolerances laid down further.



section 28



(1) if the basis for the assessment of the fee agreed remuneration, examined

the value of the building or land rights law a loaded as follows:

First, shall be the total value of the property (land and construction,

If you are already on it) according to the General regulations of the fee,

as if the building was not burdened by the law of the land.



(2) the value of the right to build, including in it the building acquired or established

According to this law (§ 3), estimates are as many setinami the aggregate values

real estate, tested under the preceding paragraph, the number of years

between the time they opt for tax and the right to work;

fractions of a year, the six months shall be considered for the whole year, otherwise

no account to them.



(3) the value of the land law, the construction of a loaded is the amount that is left,

shall be deducted from the total value of the real estate value of the buildings and the law

construction (section 3), determined in accordance with the preceding paragraph.



(4) if the value according to the previous provisions II proportionate,

It shall apply to determine the value of the building or land rights it loaded

the common rules of fee.



section 29



(1) the value of the opětujících the benefits agreed under section 6 (for the building

salary) shall be the total amount of the construction of the salary, if the time between the

applicable to tax time and the time of termination of the right to build less

for over 10 years. If this period is 10 years or more, but not more than 45 years,

the ten times that, if more than 45 years, patnáctinásobkem

the annual salary for the building.



(2) if they have recurrent benefits for individual years, uneven

amounts, is the basis for the calculation of the annual average of these benefits for the entire period

the duration of the construction.



section 30



For the provision of fee reductions will be assessed right of construction, if the

the land it is not installed, loaded as undeveloped land, if the

However, as falling within the building.



section 31



(1) the real estate fee calculated in accordance with the foregoing provisions, the

halved, establish if the right structures for non-profit housing

Association and writes to that right in the first library of the show as

real burden to the State (financial management) the obligation of the Association that

issues on land, above the law works in 3 years from its establishment

House with small apartments and small establishments pursuant to section 136 of the Act on direct

taxes and it-unless it is a building designed by their nature to convert

the ownership of physical persons-nezcizí to 10 years.



(2) if the association fails to meet the commitments referred to in paragraph 1, the relief expires.

The facts justifying the termination of relief, the Association is required to ohlásiti

the tax office within 15 days after their creation; otherwise shall also

increase equal to the balance of the proper fee.



Final provisions.



§ 32



The existing provisions on the use of space above and below the land plot

shall remain unaffected.



§ 33



The law of 26 March. April 1912, no. 86., on the right of the building, is hereby repealed.



§ 34



This law shall enter into force on the 30th day following its publication; does it

the Minister of Justice, in agreement with the participating Ministers.



Dr. Benes v.r.



Gottwald v.r.



Dr. v.r. Stransky



for the Minister, Dr. Drtinu