Selected issues of public use of utility roads and public spaces

This diploma thesis deals with certain issues related to the public use of utility roads and public spaces in general. The thesis first clearly defines the origin, individual characteristics, and termination of publicly accessible utility roads, and then does the same for public spaces, as a set superior to utility roads. It analyses legal definitions and then, specifically in relation to public spaces, presents expert opinions on their individual characteristics. The main objective of the thesis is to examine in detail the issue of unjust enrichment arising from the use of public spaces located on private land. This is currently the most debated area of interest related to public spaces. To this end, the thesis first examines early court decisions with individual relevant milestones, then describes later groundbreaking decisions that must be taken into account in the future. It thus organizes the findings of the highest courts and provides a structured analysis of the development of judicial practice on the entire issue, which has undergone many changes over the years. One of the characteristics of a public space required for its proper origin, namely the consent of the landowner to its common use, which was first explicitly inferred by the courts in 2019, is a circumstance that is absolutely...