Ownership of energy facilities

Vol.4,No.7(2013)

Abstract
This article focuses on the proprietary rights to energy facilities, which constitute the elements of energy networks. The structure of the paper consists of two parts. The first part is devoted to general questions of ownership of energy facilities. The second one focuses on specific problems of their real rightsʼ status and proprietary title to them. The beginning of the article provides the explanation of concept of ownership in the Czech Republic, constitutional and international guarantees of its protection and specific features of energy facilities as the elements of energy networks. The core of the article constitutes the analysis and discussion of energy facility’s character either as a component of a thing or as an individual thing. This is to be answered in relation to specific problems related to ownership of block of flats, army areas and proprietary status of energy networks. As the new Civil Code is to come in force in 2014 in the Czech Republic, its provisions relating to proprietary rights to energy facilities are analysed in a separate chapter. The last chapter of the paper provides basic “instruction manual” for interpretation of the status of energy facilities in law practice.

Keywords:
army area; block of flats; component of a thing; energy facility; energy network; individual thing; new Civil Code; ownership

Pages:
s. 52–110
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