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The lease of a flat with special focus on joint lease of flat
Kupříková, Pavla ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
Residential lease with special focus on joint residential lease Summary The subject of my diploma thesis will be the residential lease focusing on joint residential lease. I decided to choose this particular topic since it has been an issue of ultimate interest for me during all the years of my studies at Law Faculty. In addition to property legal title it concerns above all the contract of lease on the grounds of which one of the most fundamental human needs, housing, is satisfied. The objective of the submitted thesis is to provide the most comprehensive presentation related to residential lease as possible. The thesis aims to include all particularities ensuing from joint residential lease. As a basic source of the corresponding legal regulation the Civil Code was used and an extensive judicature was considered to have an equally irreplaceable importance. The diploma thesis is divided into eight chapters whereas each of them deals with specific issue linked with residential lease. The given topic is always discussed and evaluated from the point of view of joint residential relations. The introductory part consisting of a brief outline as for the thesis subject is followed by the first chapter providing general definition of residential lease. It is primarily the elementary sources of law related to...
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Residential lease
Bernas, Petr ; Salač, Josef (advisor) ; Šustek, Petr (referee)
This thesis deals with residential lease. Due to the limited scope of the thesis it was impossible to cover the topic in a more comprehensive manner. The aim of the thesis is to systematically analyse only some issues of legal regulation of the residential lease. The thesis discusses the interpretation of certain general issues of the residential lease and the termination of the residential lease, focusing on various ways of termination. The thesis deals with absolute termination of residential lease. The thesis focuses on selected provisions of Act No. 89/2012 Sb., the Civil Code, using the scientific literature, the thesis is also concerned with relevant practise of courts. In some cases, the thesis compares the current Civil Code with the previous legal regulation, Act No. 40/1964 Sb., the Civil Code, as amended. The thesis is divided into nine chapters, which are subdivided into subchapters. The first chapter deals with the basic definition of the lease, analysis of the concept of apartment and house, legal regulation of the residential lease and it briefly describes the differences between a lease and other related contracts. The second chapter provides an overview of the provisions of the Civil Code relating to termination of the residential lease and outlines possible ways of termination of...
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Residential lease with special regard to its termination
Suchý, Jan ; Salač, Josef (advisor) ; Thöndel, Alexandr (referee)
This thesis deals with residential lease, with the focus being placed on the issue of termination of the lease. The aim of the thesis is to analyze the current legal regulation, not only the most important and most used methods of termination of the residential lease, but also the ways that are less frequent. Another aim of the thesis is to identify problems arising in connection with the recodification of private law in the Czech Republic. The thesis draws from legislation, jurisprudence, professional literature and other relevant sources. The thesis is divided into an introduction, thirteen chapters and a conclusion. The first part of the thesis focuses on historical development of the legislation regarding residential lease, from the times of Roman Empire until 31.12.2013. Following part of the thesis deals with the current statutory regulation of residential lease, its basic attributes and characteristics, and at the same time the institute of tenant's protection as a weaker contracting party is described. In the following parts of the thesis, the methods of terminating the residential lease are being described. Analysis varies from the less frequent methods, such as the merger of the tenant and the landlord, the end of the subject of the lease, or the payment of severance payments to the most...
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Residential Lease
Princová, Zuzana ; Salač, Josef (advisor) ; Zvára, Michael (referee)
1 RESIDENTIAL LEASE ABSTRACT This thesis aims to analyze current legal aspects of the residential lease which is regulated in the Act. No. 89/2012 Coll., the Civil Code. For better orientation in the text, the author divided this thesis into seven chapters, where she described the regulation in detail. The first chapter is dedicated to the current regulation of the lease. If the special regulation of residential lease is missing, it is necessary to use common regulation. The author described briefly the contractual parties, the subject of the lease, duration of the lease, and termination of the lease. The second chapter starts with the history of residential law and defines basic terms of the residential lease such as the house, the apartment, corporate housing, and cooperative apartment. The third chapter is devoted to the creation of the residential lease with the written contract and with the unwritten one. It takes into account the creation of residential lease by the other ways such as the death of lessee, the contract of accession, or marriage to the lessee as well. The author speaks about the handing down of the apartment and the issues of paying the rent. The fourth chapter is dedicated to the legal rights and obligations to the lessor and the lessee. It adjusts the repairs of damages and defects by...
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Residential lease
Vokounová, Michelle ; Thöndel, Alexandr (referee)
Residential lease Abstract This thesis aims to analyze the legal aspects of residential lease. This is a continually developing issue, which is dynamic in form both in the doctrinal sector and case law. Its specificity lies in the protectionist nature of the weaker party for which the lessee is generally considered. Since 1. 1. 2014 the enactment of Act. No. 89/2012 Coll., the Civil Code, as amended, there has been a significant balance of rights in certain aspects related to the residential lease, especially in the available options for termination of lease. Given the fact, that the said code is relatively new, the thesis also contains a comparison with the previous Act No. 40/1964 Coll., the Civil Code, as amended. This thesis does not neglect to look at German legislation, when looking for a foreign adaptation, it focuses on institutes close to national law and attempts to make some comparisons between the two. The work itself is divided into six chapters. The first chapter deals with the general legal arrangement of the lease. The individual conceptual features of the lease and the related institutes will be discussed here, and sources are presented in the form of law or case law. The second chapter is focused specifically on the residential lease. The new concepts that the Civil Code has brought about...
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The relationship between lessee and lessor compared to Airbnb service
Dvořáková, Pavla ; Salač, Josef (advisor) ; Šustek, Petr (referee)
The relationship between lessee and lessor compared to Airbnb service Abstract The aim of this diploma thesis is to analyze the legal aspects of lease pursuant to the general and special provisions of the Civil Code as well as to point out the different and currently ambiguous legislation of the Airbnb online service. As the lease provisions are strongly protectionist in relation to the lessee, who stands as a weaker party to the lessor, I also elaborate on the fundamental rights and obligations of each of the parties. Not only the Civil Code together with other national provisions, which now regulate in detail most institutes related to lease, represent a basic source of the diploma thesis, but also an unforgettable foreign legislation, which is especially with regard to the Airbnb service a very interesting source of inspiration for the future development not only in the Czech Republic. The content itself is divided into five parts. The first of them defines the lease according to the general provisions of the Civil Code together with its essential characteristics, which thus enables an easier understanding of the special regulation of the residential lease. It also suggests in what legislation the housing right, as one of the fundamental human rights, can be found. The second part reviews the Airbnb...
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Residential lease
Vokounová, Michelle ; Thöndel, Alexandr (referee)
Residential lease Abstract This thesis aims to analyze the legal aspects of residential lease. This is a continually developing issue, which is dynamic in form both in the doctrinal sector and case law. Its specificity lies in the protectionist nature of the weaker party for which the lessee is generally considered. Since 1. 1. 2014 the enactment of Act. No. 89/2012 Coll., the Civil Code, as amended, there has been a significant balance of rights in certain aspects related to the residential lease, especially in the available options for termination of lease. Given the fact, that the said code is relatively new, the thesis also contains a comparison with the previous Act No. 40/1964 Coll., the Civil Code, as amended. This thesis does not neglect to look at German legislation, when looking for a foreign adaptation, it focuses on institutes close to national law and attempts to make some comparisons between the two. The work itself is divided into six chapters. The first chapter deals with the general legal arrangement of the lease. The individual conceptual features of the lease and the related institutes will be discussed here, and sources are presented in the form of law or case law. The second chapter is focused specifically on the residential lease. The new concepts that the Civil Code has brought about...
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Residential lease with special regard to its termination
Suchý, Jan ; Salač, Josef (advisor) ; Thöndel, Alexandr (referee)
This thesis deals with residential lease, with the focus being placed on the issue of termination of the lease. The aim of the thesis is to analyze the current legal regulation, not only the most important and most used methods of termination of the residential lease, but also the ways that are less frequent. Another aim of the thesis is to identify problems arising in connection with the recodification of private law in the Czech Republic. The thesis draws from legislation, jurisprudence, professional literature and other relevant sources. The thesis is divided into an introduction, thirteen chapters and a conclusion. The first part of the thesis focuses on historical development of the legislation regarding residential lease, from the times of Roman Empire until 31.12.2013. Following part of the thesis deals with the current statutory regulation of residential lease, its basic attributes and characteristics, and at the same time the institute of tenant's protection as a weaker contracting party is described. In the following parts of the thesis, the methods of terminating the residential lease are being described. Analysis varies from the less frequent methods, such as the merger of the tenant and the landlord, the end of the subject of the lease, or the payment of severance payments to the most...
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Residential lease
Vokounová, Michelle ; Salač, Josef (advisor) ; Šustek, Petr (referee)
Residential lease Abstract This thesis aims to analyze the legal aspects of residential lease. This is a continually developing issue, which is dynamic in form both in the doctrinal sector and case law. Its specificity lies in the protectionist nature of the weaker party for which the lessee is generally considered. Since 1. 1. 2014 the enactment of Act. No. 89/2012 Coll., the Civil Code, as amended, there has been a significant balance of rights in certain aspects related to the residential lease, especially in the available options for termination of lease. Given the fact, that the said code is relatively new, the thesis also contains a comparison with the previous Act No. 40/1964 Coll., the Civil Code, as amended. This thesis does not neglect to look at German legislation, when looking for a foreign adaptation, it focuses on institutes close to national law and attempts to make some comparisons between the two. The work itself is divided into six chapters. The first chapter deals with the general legal arrangement of the lease. The individual conceptual features of the lease and the related institutes will be discussed here, and sources are presented in the form of law or case law. The second chapter is focused specifically on the residential lease. The new concepts that the Civil Code has brought about...
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Residential lease
Bernas, Petr ; Salač, Josef (advisor) ; Šustek, Petr (referee)
This thesis deals with residential lease. Due to the limited scope of the thesis it was impossible to cover the topic in a more comprehensive manner. The aim of the thesis is to systematically analyse only some issues of legal regulation of the residential lease. The thesis discusses the interpretation of certain general issues of the residential lease and the termination of the residential lease, focusing on various ways of termination. The thesis deals with absolute termination of residential lease. The thesis focuses on selected provisions of Act No. 89/2012 Sb., the Civil Code, using the scientific literature, the thesis is also concerned with relevant practise of courts. In some cases, the thesis compares the current Civil Code with the previous legal regulation, Act No. 40/1964 Sb., the Civil Code, as amended. The thesis is divided into nine chapters, which are subdivided into subchapters. The first chapter deals with the basic definition of the lease, analysis of the concept of apartment and house, legal regulation of the residential lease and it briefly describes the differences between a lease and other related contracts. The second chapter provides an overview of the provisions of the Civil Code relating to termination of the residential lease and outlines possible ways of termination of...
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