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Lease of the property for business purposes
Řeháčková, Ivana ; Salač, Josef (advisor) ; Šustek, Petr (referee)
The purpose of this final thesis is to provide the outline of the effective legal regulation of the lease of the property for the business purposes. After short introduction of the lease as a legal institute itself and its usage in business area of life, the thesis then concerns itself with the particular questions that are subject to legal regulation of the lease of the property for business purposes constituted mainly by the Civil Code. Amongst these questions the basic necessities of the lease agreement that are required by the law are described first, then the mutual rights and obligations of the contracting parties and finally the matters related to the termination of the lease.
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Lease of an apartment and house
Petrovičová, Michaela ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
Lease of an apartment and house The subject of this thesis is the issue of lease of an apartment and a house with emphasis on introduction of the fundamental changes brought to this question by the new Civil Code. This paper also briefly points out possible difficulties which might occur even though the legal regulation is quite detailed. The thesis is trying to mention relevant established practice of courts in connection to certain areas of this regulation. The legal institute of a lease of an apartment and house presents irreplaceable part of every legal system because of the fact why people enter into such contract. That is also, why special protection of a leaseholder represents traditionally integral part of this field of law. The thesis consists of six chapters, of which the first one presents the sources of legal regulation. The second chapter discusses various objects of a lease which may substantiate a special protection of its tenants. For a better understanding, even instances of relations which are not included under lease of an apartment and house are mentioned. In order to present a comprehensive view, this thesis also discusses the differences of lease of a staff apartments, social solidarity apartments, and apartments owned by cooperative housing societies. The main part of this...
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Notice of termination of tenancy
Gazdová, Mária ; Švestka, Jiří (advisor) ; Pohl, Tomáš (referee)
This thesis deals with a fragment of lease law as the institute of the civil law, specifically with the legislation on the notice of termination of tenancy. The aim of this work is to acquaint the reader with this issue in logical connections primarily on the base of legal regulations, Superior Court practice and commented laws. The introduction of the thesis is dedicated to the tenancy as a general institute, which is conceived as a protected one in the Czech law system. Further, there is given a brief description of the development of the legal regulation of the tenancy throughout the history, more precisely the notice of termination of tenancy. It is described from the period of Roman law through The First Republic and the occupation, through the period of socialism and totalitarianism up to the current legislation. The focus of this thesis is the analysis of particular notice reasons which are divided into two basic groups - the notice with the court's permission and the notice without court permission, where both interpretations - interpretations of legislation valid until May's Civil Code amendment effect as well as interpretation of legislation after its effect - are approached. The thesis has a compilatory character, while using not only analytical scientific method, but also the method of...
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Residential tenancy agreement - Landlord's status and non-mandatory provisions of Czech residential tenancy law
Doležal, Jakub ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
In my thesis "Residential tenancy agreement - Landlord's status and non-mandatory provisions of Czech residential tenancy law" I explore specific institutes of Czech residential tenancy law. I deal with contractual freedom of the parties to arrange their own rights and obligations that may differ from those that are prescribed by the Czech civil code. I also put emphasis on the new legislation that will come into effect in 2014, which is going to substantially change legal relations between lessors and lessees. Starting with basic legal requirements for lease agreement I then describe rights and obligations of the parties that stem from it. At the end I go over legal tenancy agreement termination options. Through the comparison of the law as it is and its impact on real life I attain the aim of my thesis: to show what is problematic in the Czech residential tenancy law.
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Residential lease
Tlapák, Jan ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
One of the fundamental human right is dignified living. This thesis focuses on the lease of flat, which is the second most often legal cause of living in the Czech republic. The main reason why I chose this subject is effort to show major differences between former legislation of lease of flat and newer one, which came into operation on 1st November 2011. This amendatory act n. 132/2011 col. brought the biggest changes in this part of legal regulation for last 20 years. I also tried deal with completely new legislation of lease of flat, which is included in the new czech civil code, which will come into operation on 1st January 2014. It is not my goal to comprehensively analyse the lease of flat from the view of valid legislation. One of the main reason for it is that would considerably exceed the maximum recommended scope of the paper, that's why I don't mention such an extensive question of termination of flat leasing. The second reason, which was already mentioned, is primarily an effort to show the changes in the legal regulation of flat leasing. The thesis is divided into seven chapters. First chapter shows historical development of lease of flat from the times when Czechoslovak republic was founded. Further I give a lots of attention to communist period, when contract of lease was totally...
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The legal reasons of termination of residental lease - current and future legislation
Práglová, Kateřina ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
The legal reasons of termination of residental lease - current and future legislation The thesis is composed of five separate chapters and a comparison table as an annex. The paper analyzes the different reasons for the termination of a lease of flat according to currently active legislation and the legislation that comes into force on January 1, 2014. The author chose this topic because the issue of housing and residential lease affects all of us and it is thus important to recognize the exact content of individual reasons for termination. Given that a radical change awaits us in this field, the author decided to compare and evaluate the future legislation. The first chapter outlines a historical development of the reasons for termination in our modern democratic history. Primarily, it focuses on the changes that have been brought upon the termination reasons by the Act No. 107/2006 Coll. and 132/2011 Coll. To maintain a better consistency of the paper, the second chapter examines the basic terminology and assess where and how they are regulated today and how they will be in a few months time. In particular, the author provides the definitions of a flat, lease contract, parties to the lease contract, and describes various options of termination of the lease of flat. Similarly, the author deals...
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Residential Lease
Krejčířová, Šárka ; Salač, Josef (advisor) ; Dvořák, Jan (referee) ; Radvanová, Senta (referee)
The dissertation is focused on the analysis of the institute of residential lease. At the beginning a brief historical progress of the legal regulations of the lease of the apartment is described with the reference to social circumstances which influenced it. Subsequently, attention is paid to the lease agreement as the legal reason for using an apartment. The dissertation deals also with the object of the lease agreement, i.e. with the apartment and its definition in the legal regulations, and also with the subjects of the lease agreement, i.e. with the landlord and the tenant. In the next part the dissertation describes rights and obligations of the contracting parties. A special chapter is dedicated to the rent, as one of the essential requirements of the lease agreement. Also the institutes of the subtenancy, passage of the lease of flat and exchange of the apartments are mentioned. Furthermore, the issue of the termination of the lease is elaborated in detail. The whole dissertation contains also important rulings of the courts and presents changes that will come into effect with new civil code.
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Lease contract
Ondruška, Ota ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
Lease contract The theme of this thesis is lease contract. The author has chosen this subject because it is very current and lease contract is also one of the most frequently used legal act. The main goal of the thesis is to analyze the institute of lease contract and to highlight some problematic points of this legal regulation. The work is supplemented by judicial decisions of Czech courts and opinions of some authors. This work consists of three chapters. The Chapter one describes historical development of legislation of lease contract, especially in Roman law, legislation contained in General Civil Code of 1811 and the legislation included in the Czechoslovak Civil Code of 1950 and of 1964. The Chapter two is the main part of this work. It is subdivided into eight parts in which are discussed the general provisions of lease contract. First subchapter examines relevant Czech legislation, the second subpart is focused on concept of lease contract. The parties of lease contract are described in the third part. The characteristic of creation of lease contract contains the fourth subchapter and the fifth subpart contains a detailed list of rights and obligations of the lessor and the lessee and their subsequent analysis. The sixth part concentrates on rent issue. Institute of sublease is investigated...
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Change of parties to the legal relationship of the lease of a flat
Hejhal, Zdeněk ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
The substitution of parties to the legal relationship in relation to renting apartments The contract of rental, the renting apartments, the landlord, the tenant Executive Summary The aim of the thesis is to describe the legal relationship aspects arising in relation to the substitution of parties to renting apartments, with the focus being on substitution initiated by the tenant. The key reason for choosing this topic is the author's personal experience with dealing with the issues that arose as a result of the transfer of rights and obligations pertaining to renting of an apartment of the author's acquaintance, his experience gained during the assistance at the civil proceedings held by district court for Prague 3, the fact that renting is currently an issue of great significance in the Czech law system, and also the increasing number of people living in rented apartments. The thesis comprises ten chapters, each of them considering different aspects of the issues involved. Having provided the background information to the reader in the introductory chapter, the first chapter considers the historical framework of renting apartments. The chapters explores the renting of apartments in accordance with Roman law throughout the Middle Ages up to the present Czech legal regulations, including the rental agreement...
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