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Lease of Flat -comparison of Czech and German Laws
Šenkeříková, Simona ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
Lease of Flat - comparison of Czech and German Laws Abstract This Master's thesis deals with the legislation governing lease of a flat under the laws of the Czech Republic and of the Federal Republic of Germany. The authors of the Czech Civil Code (Act No. 89/2012 Coll., the Civil Code) drew inspiration from the German Civil Code ("Bürgerliches Gesetzbuch" of 18 August 1896, as amended on 2 January 2002) and its influence can be traced in many provisions of its Czech counterpart. The lease of a flat is a burning issue in both jurisdictions, sensitive to political changes in the country, with a strong social subtext, and great emphasis is placed on the protection of the tenant as the weaker party. Unlike the Czech legislation, the German laws on lease of a flat are more robust, more detailed, and social policy is palpable throughout the German Civil Code; this, however, attracts criticism from its opponents at times. Since the laws on lease of a flat are abundant and the thesis is written from the viewpoint of two jurisdictions, the thesis does not provide a comprehensive overview of the topic, but rather focuses on one component, specifically the rent and other payments. The rent and other payments constitute a very dynamic as well as controversial area of the German laws governing the lease of a flat; it...
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