Abstract
The chapter deals with easements. The Civil Code no. 89/2012 Coll. respects the classical division of servitudes and real burdens.
The interpretation of each provision has a fixed structure. The explanatory report follows an overview stemming regulations and related provisions.
Then follows an overview of literature. Interpretation is always conceived in terms of theoretical and historical foundations.
Subsequent analysis-not only positivistic interpretation, but also uses the findings from Roman law, literature and case law to the general Civil Code. Interpretation is initially focused on the notion of servitude.Interpretation is initially focused on the notion of servitude.
An analysis formation of servitude, conditions of servitude and their distribution on land and personal. Each individual servitude is then interpreted separately and in relation to possible theoretical and practical contexts.
Conclusion interpretation servitude is dedicated to their demise. The issue of real burdens is processed in a separate subchapter.
The structure of interpretation is analogous to the interpretation of servitudes. The establishment of a real burden, rights and obligations, the disappearance of the real burden.
Interpretation in both parts, not only the wording of the law, but focuses mainly on theoretical and conceptual bases of the new legislation. For the conclusions drawn in the text were used recent and historical literature and case law.
Text seats also offers answers to questions that alone Code explicitly not regulated. In the appropriate context is discussed also the issue of the transitional provisions.