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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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Owhership of flats
Přibil, Jan ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
Ownership of Flats Summary In his diploma thesis "Ownership of Flats", the author focuses on applicable law of flat ownership in the Czech Republic, especially the Flat Ownership Act 72/1994 Sb. The author puts the contemporary regulation in historical context; he describes the theoretical principles underlining the current applicable law and defines in detail the basic legal terms used by the Flat Ownership Act. Original and derivative forms of flat ownership acquisition are explained, namely a contract of construction, a contract of sale and a so-called declaration of the house owner. Forms of cessation of flat ownership are briefly described. The author provides an analysis of general owner's rights and specific owner's rights and duties regulated by the Flat Ownership Act. A significant part of the thesis is dedicated to the analysis of the legal framework regulating the legal entity of commonhold association, the residents' management corporation. Provisions of the Flat Ownership Act regulating the internal organisation of commonhold association are critically discussed in relation to the rights and duties of the respective flat owners. The author points out the shortcomings of the statutory regulation of the commonhold association's internal structure and describes practical problems caused by these...
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