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Termination of apartment lease and its legal consequences
Koželuha, Pavel ; Salač, Josef (advisor) ; Zvára, Michael (referee)
1 Termination of apartment lease and its legal consequences Abstract This thesis deals with the termination of apartment lease and its legal consequences, both in the light of substantive and procedural law. The aim of the thesis is to provide an insight into this matter, including the interpretation of basic terms and to point out frequent problems or incorrect procedures of persons in relation to the termination of apartment lease. The lease of apartment is one of the classical institutes of civil law, through which the housing needs of a tenant are satisfied. However, this thesis also explores possible overlap of rental housing into other areas of law. The thesis provides a comprehensive analysis of the process of termination of apartment lease and the legal implications for the persons involved. The first chapter of this thesis characterizes lease as an institute of civil law. This chapter focuses on the definition of the nature of the lease itself and the duration of lease relationship. The chapter concludes with the most common ways of terminating any lease. The subject of the second chapter are specifics of the apartment lease, which result from the special provisions and are also relevant with respect to termination of lease. In addition to characteristics of an apartment and the purpose of rental...
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Securing the position of the lessor
Mack, Michael ; Elischer, David (advisor) ; Dvořák, Jan (referee)
The aim of this thesis is to analyse the institutes of securing the position of the lessor of an apartment and the related protection of the lessee as a weaker contractual party. Its focus is on a detailed comparison with the legislation of the Federal Republic of Germany, which served as a source of inspiration for the legislator. The thesis is structured into an introduction, four parts analysing the issues presented above and a conclusion. The first part is devoted to the description of the genesis of the institution of lease and a more detailed description of its regulation in selected historical stages. The second part of the thesis deals with the current regulation of the lease of an apartment. Firstly, it provides its definition within the systematics of the law of obligations, including a description of the conceptual features of the lease. This is followed by a description of the object and the subjects of lease of an apartment. Particular attention is then paid to the analysis of the rights and obligations of the lessor and the lessee, with an emphasis on the protection of the lessee as the weaker contractual party. The issue of securing debts is discussed in the third part of the thesis. After a general overview, a legal consideration of the subject of security follows. In order to...
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Notice of termination of apartment lease
Bauer, Petr ; Salač, Josef (referee) ; Pohl, Tomáš (referee)
The subject of the Work is the notice of termination of apartment lease. The Work was submitted during the vacantia legis period (i.e. the period between the force and effect of the law) of Act. No. 89/2012 Coll., the "new Civil Code". With regard to the historical politico- legal development of the Czech Republic, the content of the Work may be simply divided into the "three generations of notices of termination of apartment lease". However, the main objective of the Work are the practical issues with notices of termination of apartment lease according to the existing regulation, i.e. Act No. 40/1964 Coll., and the regulation according to the new Civil Code. Since the new Civil Code is partially inspired by the regulation effective in the territory of the Czech Republic in the 19th and the first half of the 20th century, attention is paid (in relation to apartment lease notices) also to the regulation from the first half of the 20th century, which in the form of special acts regulated reasons for lease termination in relatively great detail. The first comprehensive regulation was drawn up in the period of the so called "First Republic" based on Act No. 83/1918 Coll, on Protection of Tenants. Evaluation of lease apartment termination notices may not be quite separated from other institutes of law...
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Comparison of apartment lease termination in Czech and German law
Kutková, Petra ; Salač, Josef (advisor) ; Šustek, Petr (referee)
The purpose of the thesis is to compare the Czech and the German regulation of the apartment lease termination. The thesis considers the current Czech and German legal provisions, but also the coming Czech legislation. The thesis is composed of four chapters. Chapter one is introductory and deals with the terminology used in the thesis. Chapter two focuses on the apartment lease termination and divides it into two different types - absolute and relative. Chapter three describes and compares the most important grounds of absolute apartment lease termination, by which the notice is the most dominant. Chapter four deals with two different types of relative apartment lease termination causing changes either on the side of the lessee or the side of the lessor. The thesis leads to the conclusion that the Czech legislator searched inspiration for new Czech legal rules concerning apartment lease termination within the German regulation and this seems to be a good choice.
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Termination of the lease of a flat
Kutková, Petra ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
The aim of the thesis is to analyse different kinds of apartment lease termination. The reason for choosing this subject was common occurrence of this institute in a real life. In my opinion this thesis could be interesting not only for lawyers, but for the common people as well. The thesis is composed of five chapters. Chapter One is introductory and defines basic terminology used in the thesis: apartment, accessories of the apartment, apartment lease and lease contract. Chapter Two focuses on the apartment lease termination. It divides the termination in two different types - absolute and relative apartment lease termination. Chapter Three concentrates on absolute apartment lease termination. The most important kinds of absolute apartment lease termination are described there. The notice made by the lessor dominates among these kinds. The chapter Four analyzes different types of relative apartment lease termination. It deals with various changes either on the side of the leasee or the side of the lessor. The exchange of the apartment is mentioned in this chapter as well. The chapter Five looks at special kinds of apartment and consists of two parts according to these kinds - cooperative apartments and apartments for handicapped people. Different ways of apartment lease termination, which come on...
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The legal reasons for termination of apartment lease
Vajnerová, Markéta ; Salač, Josef (advisor) ; Thöndel, Alexandr (referee)
The legal reasons for terminations of apartment lease Abstract The work is focused on the analysis of a fragment of residential lease law as the institute of the civil law, specifically on the legislation of reasons for terminations of apartment lease according to the Act. No. 89/2012 Coll. More than fifth of the population of Czech Republic uses the apartment on the basis of a lease agreement, and therefore this area is interesting not only from the theoretical point of view, but also of the point of view of its use in practise. This work aims to present the complex issues of reasons for terminations of apartment lease by a thorough examination of current legislation and the use of linguistic, systematic and logical methods of interpretation and to evaluate its use in practical life. In interpretation of individual provisions of the Act, professional legal literature and related case law are also used, which, however, is not extensive due to the relatively short period of validity of the valid legal regulation. Therefore, in these cases, if it is possible, the analogy of previous legislation and related case law is used. The work itself is divided into seven parts. The first part deals with a description of the legal regulation development of the lease apartment throughout the history, the issue of the...
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Comparison of apartment lease termination in Czech and German law
Kutková, Petra ; Salač, Josef (advisor) ; Šustek, Petr (referee)
The purpose of the thesis is to compare the Czech and the German regulation of the apartment lease termination. The thesis considers the current Czech and German legal provisions, but also the coming Czech legislation. The thesis is composed of four chapters. Chapter one is introductory and deals with the terminology used in the thesis. Chapter two focuses on the apartment lease termination and divides it into two different types - absolute and relative. Chapter three describes and compares the most important grounds of absolute apartment lease termination, by which the notice is the most dominant. Chapter four deals with two different types of relative apartment lease termination causing changes either on the side of the lessee or the side of the lessor. The thesis leads to the conclusion that the Czech legislator searched inspiration for new Czech legal rules concerning apartment lease termination within the German regulation and this seems to be a good choice.
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Notice of termination of apartment lease
Bauer, Petr ; Salač, Josef (referee) ; Pohl, Tomáš (referee)
The subject of the Work is the notice of termination of apartment lease. The Work was submitted during the vacantia legis period (i.e. the period between the force and effect of the law) of Act. No. 89/2012 Coll., the "new Civil Code". With regard to the historical politico- legal development of the Czech Republic, the content of the Work may be simply divided into the "three generations of notices of termination of apartment lease". However, the main objective of the Work are the practical issues with notices of termination of apartment lease according to the existing regulation, i.e. Act No. 40/1964 Coll., and the regulation according to the new Civil Code. Since the new Civil Code is partially inspired by the regulation effective in the territory of the Czech Republic in the 19th and the first half of the 20th century, attention is paid (in relation to apartment lease notices) also to the regulation from the first half of the 20th century, which in the form of special acts regulated reasons for lease termination in relatively great detail. The first comprehensive regulation was drawn up in the period of the so called "First Republic" based on Act No. 83/1918 Coll, on Protection of Tenants. Evaluation of lease apartment termination notices may not be quite separated from other institutes of law...
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Termination of the lease of a flat
Kutková, Petra ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
The aim of the thesis is to analyse different kinds of apartment lease termination. The reason for choosing this subject was common occurrence of this institute in a real life. In my opinion this thesis could be interesting not only for lawyers, but for the common people as well. The thesis is composed of five chapters. Chapter One is introductory and defines basic terminology used in the thesis: apartment, accessories of the apartment, apartment lease and lease contract. Chapter Two focuses on the apartment lease termination. It divides the termination in two different types - absolute and relative apartment lease termination. Chapter Three concentrates on absolute apartment lease termination. The most important kinds of absolute apartment lease termination are described there. The notice made by the lessor dominates among these kinds. The chapter Four analyzes different types of relative apartment lease termination. It deals with various changes either on the side of the leasee or the side of the lessor. The exchange of the apartment is mentioned in this chapter as well. The chapter Five looks at special kinds of apartment and consists of two parts according to these kinds - cooperative apartments and apartments for handicapped people. Different ways of apartment lease termination, which come on...
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