Vlastnický režim k inženýrským sítím - výjimka ze zásady "superficies solo cedit"


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Title in English The ownership of engineering networks - an exception from the principle of "superficies solo cedit"


Year of publication 2015
Type Article in Proceedings
Conference Dny práva 2014 - Days of Law 2014. Část IV. Technický rozvoj a právo
MU Faculty or unit

Faculty of Law

Field Law sciences
Keywords Ownership Right; Iura in Rem; Engineering Networks; New Civil Code; Superficies Solo Cedit
Description Engineering networks represent one of the important elements of public infrastructure and they are a prerequisite for the development of commercial and residential construction. From a historical point of view, as the oldest type of utilities are considered water supplies and sewers. It was only later, in connection with the industrial revolution and the increasing expansion of technological progress, it is possible to envisage new types of utilities, whose purpose was to ensure the supply of gas, heat, electricity and transmission of information. The natural reaction to technological development in society is legal regulation of this fact through public and private law. The aim of this paper is to deal with the ownership regime to utilities under the new Civil Code. Although the legislature return in the Czech legislation Roman law principle “superficies solo cedit”, engineering networks continue to remain separate things and they are not part of the land.

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