scholarly journals Statutory Bar on the Right to Exercise a Mortgage Under the Conditions Applicable in the Slovak Republic and Comparison with the Legal Regulation of the Czech Republic

2021 ◽  
Vol 12 (3) ◽  
pp. 224-238
Author(s):  
Nikola Pacalajová ◽  
Martin Kubinec

Abstract Based on the analysis and comparison of legal regulation and existing case law, the authors present in the paper their opinion on the issue of deleting mortgage with statute-barred claim from public records (Land Registry). The Slovak legal regulation, in contrast with the Czech one, does not include an explicit provision enabling the deletion of mortgage with statute-barred claim from Land Registry. Taking into consideration the aspect of justice, the authors reached the conclusion that even without a normative platform, it is necessary to allow the mortgagor to apply to court to determine that the real estate is not mortgaged and subsequently use the court’s decision as a basis for deletion. However, since the courts decide in this case, using judicial activism, knowingly contrary to the purpose and content of the institute of statutory bar, the authors consider it essential that legislation be adopted as soon as possible to regulate this situation.

2020 ◽  
pp. 163-185
Author(s):  
Petr Černý

The article deals with the legal regulation of the right to freedom of peaceful assembly in Germany, Austria, the Czech Republic and the Slovak Republic with regard to the jurisdiction of the European Court of Human Rights (ECHR). The chosen topics focus on the definition of assembly, the relationship between freedom of expression and property rights together with the right of assembly.  In each of above-mentioned countries, the assembly to which constitutional protection is granted, the definitiondiffers slightly; with the widest concept of assembly deriving from the judicature of the ECHR. The constitutional protection of the Assembly, in particular found in Germany and Austria, which is significantly narrower than the protection provided by the European Convention on Human Rights, may thus at some stage come  into conflict with the requirements of the ECHR. The section devoted to freedom of speech deals, among other things, with cases exhibiting shocking photographs, which were part of the campaign against abortion, in front of schools in the Czech Republic and the Slovak Republic. In the future, the most serious problem is the conflict of the right of assembly along with the right of ownership, consisting in assemblies held on private property, which is used by the public, such as shopping malls, airports or railway stations. This has been the focus of the professional public and the courts for a long time, especially in Germany.


10.14311/1045 ◽  
2008 ◽  
Vol 48 (5) ◽  
Author(s):  
L. Jilemnická ◽  
V. Berka ◽  
E. Hromada

The article deals with analysis of the current situation on the real estate market in the Czech Republic. Software EVAL, which continually collects, examines and evaluates advertised quotations of real estates, was used for mapping and evaluation of the real estate market development. The article provides professional public with detailed view on the time progress of quotations and tenancy of flat units in dependence on the significant parameters of properties and a locality. 


2016 ◽  
Vol 34 (1) ◽  
pp. 27-50 ◽  
Author(s):  
Martin Haran ◽  
Michael McCord ◽  
Peadar Davis ◽  
John McCord ◽  
Colm Lauder ◽  
...  

Purpose – The purpose of this paper is to improve the transparency of European emerging real estate market dynamics and performance attributes in the wake of the 2007-2008 global financial crisis (GFC). The paper examines the extent and nature of inter-relationships between three emerging real estate markets namely, the Czech Republic, Hungary and Poland as well as determining the rationale for including emerging real estate markets within a Pan-European investment portfolio. The paper affords a timely update following the reinstatement of lending provision for European emerging real estate investment markets in 2014. Design/methodology/approach – The paper employs lead-lag correlations and Grainger causality to examine inter and intra relationships across three emerging European real estate markets, namely the Czech Republic, Hungary and Poland over the period 2006-2014. Optimal portfolio analysis is undertaken to explore the role of emerging real estate markets within the confines of a multi-asset investment portfolio as well as a Pan-European real estate investment portfolio. Findings – The findings demonstrate the opportunities afforded by the European emerging real estate markets in terms of both performance enhancement and risk diversification. Significantly, the findings highlight the lack of “uniformity” across the European emerging markets in terms of their investment potential, with Grainger causality confirming that the real estate markets in the Czech Republic, Hungary and Poland are not endogenous functions of one-another’s performance. Practical implications – This paper makes a considered contribution to the analytical interpretation of European emerging property market performance across the real estate cycle. The research demonstrates that the real estate markets in the Czech Republic, Hungary and Poland exhibit specific investment characteristics which differentiate them from the more developed real estate markets across Europe. Indeed emerging markets have the propensity to serve as both a risk diversifier as well as performance enhancer within the confines of a pan-European real estate investment portfolio. However, as the research clearly articulates, intricate understanding of the attributes afforded by the different emerging markets as well as the divergence in sectoral dynamics/performance is integral to portfolio allocation strategies. Originality/value – Robust academic research on Europe’s emerging real estate markets has been hampered by deficiencies in data provision. This study makes an innovative and timely contribution to redressing the research vacuum through delineated examination of the performance dynamics of three markets namely, the Czech Republic, Hungary and Poland, across the real estate cycle. The role and function of emerging markets is depicted within the confines of a Pan-European direct real estate investment portfolio at the all property level and in terms of sectoral specific allocations comprising retail, office and industrial. The explicit added value of the paper is the propensity to bench-mark the performance of emerging markets real estate markets on a like-for-like basis with developed real estate markets across Europe facilitating the exploration of the role and function of emerging real estate markets within a Pan-European investment context.


Author(s):  
Олександр Володимирович Києвич

Nowadays, when we still see the impact of COVID not only in the Czech Republic, but all over the world, when the value of money is constantly decreasing due to inflation and negative trends in the economy, people usually try to save their savings where they are confident that they will not lose value. The purpose of the article is to characterize the policy of the Czech National Bank in relation to the real estate market. Research hypothesis. The population of the Czech Republic now perceives housing as a safe haven and protects their savings by buying real estate. That is why, according to practicing economists, the great interest of Czechs in investing in real estate will continue in the coming years. Presentation of the main material. Wealthy people in the Czech Republic are now investing their money in apartments to protect their savings from inflation, which was largely fueled by covid restrictions. Rising inflation and volatility in world currencies is a serious blow to those who keep their savings in cash, so people want to own any asset that has any hope of going up. Originality and practical significance of the research. It has been proven that overheated markets sometimes collapse with dire consequences for a country's economy. And this is the responsibility of the regulators, who must anticipate and prevent such trends in the markets. Conclusions and prospects for further research. The current situation with the pandemic has not affected the real estate market, which is perhaps surprising. The population of the Czech Republic now perceives housing as a safe haven and protects their savings by buying real estate. The main task today of all financial market regulators, not only in the Czech Republic, but all over the world, is and will be the task of preventing a sharp collapse of the formed bubbles, including the real estate market.


2021 ◽  
Vol 91 ◽  
pp. 01028
Author(s):  
Eduard Hromada

The article deals with the description of the impacts of COVID-19 on the real estate market in the Czech Republic. The article focuses on the housing market - sales and rentals of apartments. The article contains graphs that show the development before COVID-19 and during COVID-19. Trends are indicated as the real estate market will develop in the next period. All results published in this article were created using the EVAL software, which the author of the article has been developing since 2007. This software continuously maps real estate advertising within all cities in the Czech Republic.


10.4335/170 ◽  
2012 ◽  
Vol 10 (3) ◽  
Author(s):  
Michal Radvan

The article is a reaction to the intention of the Ministry of Finance of the Czech Republic to propose a draft amendment to the Real Estate Tax Act, which could cause a revolution in the assessment of tax base. After outlining the different models for tax base and tax rate assessment of land tax and characterizing the currently valid legal regulation, the article analyses critically the intended draft amendment to the Real Estate Tax Act, which aims to introduce the ad valorem system of land taxation. It is expected that the most effective method will be used in the future, i.e. tax base maps compiled by municipalities as the beneficiaries of real estate tax. The article describes the disadvantages of the ad valorem system of land taxation and highlights the advantages of the intended changes.


2021 ◽  
Vol 6 (1) ◽  
pp. 53-64
Author(s):  
Jiří Novotný

On 2 January 2020, the Government of the Czech Republic submitted a bill to the Chamber of Deputies amending the Labor Code. The bill was sent to deputies as press 689/0 on 2 January 2020. The proposed amendment to the Labor Code was compiled by the Ministry of Labor and Social Aff airs of the Czech Republic, among other objectives, with the aim of achieving compliance with national legislation with EU regulations and case law. The proposed amendment to the Labor Code should explicitly regulate the conditions for the transfer of the employer's activities, and further specify the conditions for giving notice by an employee pursuant to Section 51a of the Labor Code when transferring rights and obligations from employment relationships. It is precisely in the issue of conditions for the transfer of the employer's activities that the current legal regulation has been repeatedly criticized due to insuffi cient use of EU legislation for the national legal regulation of the transfer of rights and obligations from labor relations.


2019 ◽  
Vol 17 (3) ◽  
pp. 591-616
Author(s):  
Anna Romanova ◽  
Michal Radvan ◽  
Johan Schweigl

The main aim of the paper is to analyze the constitutional backgrounds of the local taxes´ legal regulation, assessment, and collection in the Slovak Republic and the Czech Republic. The paper starts with the general constitutional regulation of taxes and continues with the critical analyses of local taxes´ regulation and application in both countries. It follows the legal power of legal norms, starting with the international aspects – the European Charter of Local Self-Government, continuing with the constitutional issues and finishing with the statutory regulation of local taxes. The first part of the hypothesis that even if the constitutional regulation in these countries is very different and gives different opportunities for the local taxes adoptions both in national Parliaments and in local councils, the practice in both countries is very similar, was (with a small difference in the actual use of given possibilities to adjust the real property tax revenues by the municipalities, which speaks in favour of the Slovak ones compared to the Czech) confirmed. However, the second part of the hypothesis that in both countries local self-government units do have adequate powers to impose and collect local taxes was rejected. In the conclusion, the comparison between the Czech Republic and the Slovak Republic is made and possible changes de lege ferenda are presented.


2021 ◽  
Vol 13 (18) ◽  
pp. 10273
Author(s):  
Eduard Hromada ◽  
Tomáš Krulický

This article deals with the study of the dependence between selected technical and socioeconomic factors in the real estate market that affects the return on investment. These factors include the average annual rental yield, sale/rental price for an apartment, the number of ads related to the sale/rental of apartments per 1000 inhabitants, the number of new apartment ads per 1000 inhabitants, and the share of persons facing distraint. Data from the EVAL software were used for calculation. EVAL software was developed by one of the authors of this article and allows the collecting of advertisements promoting real estate for sale and rental in the Czech Republic. This article uses data for individual districts in the Czech Republic. The article uses the methods of descriptive and mathematical statistics. The dependencies between technical and economic parameters are investigated using regression analysis. Significant dependencies were identified between the following parameters: Between selling price of an apartment and the average annual rental yield; Between the average annual rental yield and the average number of months needed to pay for the apartment; Between the average annual rental yield and the share of individuals facing distraint, and between the selling price of an apartment and the price of an apartment for rent.


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