08 Články v časopisoch

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Prehliadanie 08 Články v časopisoch podľa Autor "Barancová, Andrea"

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  • Obrázok miniatúry
    Položka
    Legal and practical implications of digitizing the Slovakian cadastre: challenges and opportunities
    (Publishing House VD "Dakor" : Kyjev, 2024) Barancová, Andrea; Saktorová, Ľubica
    Background: Acquiring ownership rights to real estate in Slovakia is complex and frequently encounters hurdles. The formal procedures governing this process can be stringent, resulting in challenges when transferring ownership rights. This article critically evaluates the obstacles and potential advantages as the Slovakian Cadastre shifts towards a digital system. The authors also explore the scope of contractual freedom and governmental intervention in acquiring property rights alongside recent challenges encountered by the digitalized system under both Slovakian and European law. The study analyses the theoretical framework guiding decision-making by Slovak administrative authorities in cadastral proceedings, underscoring the critical role of formal legal procedures in ensuring legal certainty and stability. Additionally, the research underscores the importance of accurately registering changes to property rights within the digitalized real estate registration system to uphold the integrity and transparency of title records. Methods: The research follows a qualitative methodology, employing various qualitative methods, including historical description and analysis, in-depth document analysis, inductive method, comparative analysis, and case studies rooted in legal theory, administrative law and property law. It may utilise conceptual frameworks like legal certainty and stability to inform its examination. The methodology may not involve empirical data collection or statistical analysis but rather a critical examination of the existing legal framework and theoretical perspectives. Results and conclusions: Acquiring ownership rights to real estate in Slovakia is a complex process hindered by discrepancies between registered and actual property statuses, outdated maps and inaccuracies in parcel boundaries. The lack of clarity and precision significantly affects legal certainty and private property rights. In response, the Office of Geodesy, Cartography and Cadastre has proposed a comprehensive amendment to the Cadastral Act, aiming to update the classification of land, regulate electronic submissions, and simplify application processes. However, the proposed amendment may restrict public access to information contained in the Cadastre, which could negatively impact the exercise of property rights and the right to freely access information.
  • Obrázok miniatúry
    Položka
    Vplyv oddlženia fyzickej osoby na dedičské konanie
    (Slovenská akadémia vied : Bratislava, 2026) Dzimko, Jakub; Barancová, Andrea; Ušiaková, Lenka
    The discharge of debt of natural persons represents a contemporary phenomenon that, by its effects, significantly interferes with legal relations across almost all areas of law, including inheritance law. As a legal institution, the discharge of debt of natural persons also has a substantial impact on probate proceedings, particularly where the discharge concerns either the decedent or one of the heirs. The contribution analyzes the effects of debt discharge on the course of inheritance proceedings, considering both discharge through bankruptcy and discharge through a repayment schedule, with due regard to the legal framework outlined in the Bankruptcy and Restructuring Act and the Non-Contentious Civil Procedure Code. The authors employ a systematic and comparative analysis of legal provisions, as well as interpretative approaches developed in case law and legal doctrine. The conclusion emphasizes the importance of distinguishing between claims that are subject to discharge and those that are excluded from satisfaction. It claims to be unaffected by discharge, as well as the necessity of refining procedural coordination between insolvency and inheritance proceedings.