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Termination of the Lease of an Apartment by Notice
Krtička, Daniel ; Frinta, Ondřej (advisor) ; Lederer, Vít (referee)
Termination of the Lease of an Apartment by Notice Abstract The thesis deals with the issue of the notice of lease of an apartment as one of the traditional institutes of lease law. Notice of lease of an apartment is primarily regulated in the Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter the "CC"), in the special provisions on the lease of an apartment and a house in the section regulating the termination of the lease (Sections 2286 to 2291 CC). Secondarily, however, it is also necessary to rely on other special provisions on the lease of an apartment and a house (e.g. in the case of an inherited lease according to Section 2283 CC) or general provisions on lease (e.g. in the case of notice of lease due to the unusability of the thing for the agreed or usual purpose according to Section 2227 CC). The regulation of the termination of the lease of a cooperative apartment was excluded by the legislator from the Civil Code, as it is contained in the Act No. 90/2012 Coll., on Commercial Companies and Cooperatives (Business Corporations Act). The subject of the thesis is to give a comprehensive overview (including the current judicial decisions) of the legal regulation of the notice of lease of an apartment, both in Czech and German law. The thesis also deals with the issues that may be...
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Lease of an Apartment: Rights and Duties of the Lessee and Lessor
Krtička, Daniel ; Salač, Josef (advisor) ; Zvára, Michael (referee)
Lease of an Apartment: Rights and Duties of the Lessee and Lessor Abstract The diploma thesis deals with the actual issue of the lease of an apartment, which is primarily regulated in the Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter the "CC"), in the specific provisions on the lease of an apartment and the lease of a building (Sections 2235 to 2301). Secondarily, the issue of the lease of an apartment is also regulated by other legal regulations - e.g. Act No. 67/2013 Coll., regulating certain issues concerning the providing of services associated with the use of the apartment and non-residential premises of an apartment house (the Services Act), or Government Regulation No. 308/2015 Coll., on the definition of the terms of routine maintenance and minor repairs related to the use of the apartment. The regulation of the cooperative apartment lease is then excluded from the Civil Code, when the legislator decided to include it in the Act No. 90/2012 Coll., on Commercial Companies and Cooperatives. The subject of the diploma thesis is not to provide a detailed analysis of all specific provisions on the lease of an apartment and the lease of a building, but to give an overview of the rights and duties arising for lessees and lessors, in particular from the provisions of the Sections 2242 to...
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