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The relationship between the landlord and the tenant from the perspective of autonomous will of the parties
Cilínková, Magdalena ; Salač, Josef (advisor) ; Thöndel, Alexandr (referee)
- 1 - Abstract The thesis focuses on specific aspects of relationship between the lessor and the lessee with emphasis to the principle of the autonomy of the will and its restrictions. The most significant restrictions occur in the area of rental housing in relation to its substantial social impacts. Increased tenant protection results in decrease of the rights of the other party and it happens so through imperative norms. The purpose of my thesis is to analyze balance between the rights of the parties and the possibility to affect its contents. The introductory part outlines general legislation on the lease law. The following chapters Two and Three deal with terminology, describe the principles on which the relationship of the parties is based and define lease law in terms of rental housing. Chapter four is subdivided into three parts, each of them dealing with different aspects of limitation of the basic principles in relation to specific institutes of the lease law. Part one focuses on unlawful agreements in the contract, part two on the restriction on agreements that would limit the rights given to the lessee and part three describes selected rights given to the lessee. Conclusions are drawn in the Summary chapter and provide an outline of the most significant problems in relationship between the parties.
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The protection of the weaker party in private law
Štroblová, Kristýna ; Elischer, David (advisor) ; Frinta, Ondřej (referee)
The protection of the weaker party in private law The topic of the thesis is "The protection of the weaker party in private law". Protection of the weaker is one of the key principles of the current civil code and one of the fundamental principles on which private law is based. With the efficiency of the new civil code, the principle of protection of the weaker party is reflected in a variety of legal institutions and rules. This work aims to define the meaning and purpose of the principle of protection of the weaker party in private law, its position in the hierarchy of law and to analyze its manifestation in the context of each of the rules and institutions enshrined in the civil code. Due to the fact that in contemporary society it is quite common for the parties to enter into the contractual relationship in the de facto unequal position, it is essential to respond strongly than ever before to this situation and to correct this imbalance with the relevant rights and resources called "the protection of the weaker party". The intention of this work is to evaluate the current level of protection of the weaker party in private law, to compare the existing level protection with the previous one, to unveil any deficiencies, theoretical and practical problems in the adaptation of the individual...
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The relationship between the landlord and the tenant from the perspective of autonomous will of the parties
Cilínková, Magdalena ; Salač, Josef (advisor) ; Thöndel, Alexandr (referee)
- 1 - Abstract The thesis focuses on specific aspects of relationship between the lessor and the lessee with emphasis to the principle of the autonomy of the will and its restrictions. The most significant restrictions occur in the area of rental housing in relation to its substantial social impacts. Increased tenant protection results in decrease of the rights of the other party and it happens so through imperative norms. The purpose of my thesis is to analyze balance between the rights of the parties and the possibility to affect its contents. The introductory part outlines general legislation on the lease law. The following chapters Two and Three deal with terminology, describe the principles on which the relationship of the parties is based and define lease law in terms of rental housing. Chapter four is subdivided into three parts, each of them dealing with different aspects of limitation of the basic principles in relation to specific institutes of the lease law. Part one focuses on unlawful agreements in the contract, part two on the restriction on agreements that would limit the rights given to the lessee and part three describes selected rights given to the lessee. Conclusions are drawn in the Summary chapter and provide an outline of the most significant problems in relationship between the parties.
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