Právo stavby – Tichý Luděk (2024)

The monograph comprehensively addresses the right of construction as an institution that has been reintroduced into Czech private law by the new Civil Code. The book defines the right of construction as a special property right to someone else's property, the meaning and purpose of the right of construction, and provides a cohesive view of the subjects of the right of construction, including their mutual rights and obligations. It also analyzes in detail other fundamental characteristics of the right of construction. Furthermore, the monograph deals with the establishing titles of the right of construction, which include contracts, prescription, and decisions of public authorities, the question of key elements influencing the duration of the right of construction, and interprets permissible legal dispositions with the right of construction. The final part of the book is dedicated to the termination of the right of construction and the resolution of related legal consequences, such as mutual settlements between the subjects. The interpretation is supplemented by recent case law from both foreign and domestic sources, which gradually finds answers to some questions not explicitly addressed by law. Historical backgrounds and comparisons with legal regulations of foreign countries, which serve as sources of inspiration for domestic legal regulation, are also included. The monograph is primarily intended for the professional legal community but can also bring the issue of the right of construction closer to a broader audience of readers.