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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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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
Koláčková, Barbora ; Salač, Josef (advisor) ; Zvára, Michael (referee)
Lease of an apartment Abstract The theme of this diploma thesis is an institute of lease of an apartment, which is an important and still current institute. Regarding the constant increase of prices in the real estate area, the attractiveness of this institute is only expected to grow in the future. The diploma thesis contains not only general characteristics of the lease as a legal relationship but also the specification of an apartment and a house as the subject of the lease, entities of the lease or the specific purpose for which the lease is concluded. Considerable attention is paid to the lease agreement, rent or the ways how the lease may end. The part concerning the historical evolution of the apartment lease is omitted. The thesis addresses selected issues related to the protected lease of an apartment regulated by the Civil Code, both issues theoretical and practical. The thesis deals mainly with those issues that resonate the most among experts. The aim of the work is to provide a comprehensive and detailed image of the regulation of lease in the Czech Republic, primarily with the help of the case law of the Supreme Court, which helps to overcome its various shortcomings. With that in mind the thesis summarizes and presents opinions of the Supreme Court contained in its decisions concerning...
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Tenancy expiration
Čermáková, Pavlína ; Salač, Josef (advisor) ; Pohl, Tomáš (referee)
The topis of this thesis focuses on the institute of civil law, namely tenancy expiration. The aim of this work is getting acquainted with this issue and clarifying the separate institutes of tenancy expiration and other concerning notions, particularly on the basis of acts, legal theory conclusions and judicial practice with help of the compilation method. The thesis introduction is dedicated to tenancy as an institute which is in our law system conceived as a protected one. In this circumstance, also tenancy contract is mentioned here as one of the most common reasons establishing the right to housing, explanation of the notion lodging and of other institutes on the basis of which tenancy origins. The key point of the thesis is tenancy expiration and connected procuration of lodging replacement. In the next parts of the thesis, a discourse follows regarding the general forms of tenancy expiratioon which result from the general provisions of the Civil Code concerning tenancy, but also concerning special forms of tenancy expirations, mainly eviction. The proposed amendement to the Civil Code is evaluated here, whose aim should be to widen the autonomy of the will of tenancy relation parts and at the same time to reinforce the lessor's disposition authority. The thesis conclusion is dedicated to the...
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The lease of a flat with special focus on joint lease of flat
Kupříková, Pavla ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
Residential lease with special focus on joint residential lease Summary The subject of my diploma thesis will be the residential lease focusing on joint residential lease. I decided to choose this particular topic since it has been an issue of ultimate interest for me during all the years of my studies at Law Faculty. In addition to property legal title it concerns above all the contract of lease on the grounds of which one of the most fundamental human needs, housing, is satisfied. The objective of the submitted thesis is to provide the most comprehensive presentation related to residential lease as possible. The thesis aims to include all particularities ensuing from joint residential lease. As a basic source of the corresponding legal regulation the Civil Code was used and an extensive judicature was considered to have an equally irreplaceable importance. The diploma thesis is divided into eight chapters whereas each of them deals with specific issue linked with residential lease. The given topic is always discussed and evaluated from the point of view of joint residential relations. The introductory part consisting of a brief outline as for the thesis subject is followed by the first chapter providing general definition of residential lease. It is primarily the elementary sources of law related 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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Lease of apartment in apartment building
Doseděl, František ; Salač, Josef (advisor) ; Šustek, Petr (referee)
This thesis deals with selected institutes of legislation related to tenancy under recent Civil code No. 89/2012 Sb. With respect to a limited extend, the thesis focuses only on selected issues, such as definition of basic principles and concepts or unclear provisions. The thesis consists of 4 connected chapters, leading reader from past to present to gain historical and practical view on the matter First chapter is focused on legal history of lease of immovable since antiquity to nineties of last century. Second chapter covers basic principles and concepts of tenancy such as object of a lease (suitability of a rented space is now determined by agreement not by some official decision), parties of agreement, determination of rent (if it is not agreed in contract). This chapter also contains an explanation, why legal entity can not lease a flat for living and why a subsequent sublet is not a sublet but regular lease. Third chapter describes provisions considered unclear by professionals or laymen. These provisions contains new conception of surety, limits of making business or working in a flat without of consent of the landlord, receiving new members to the household (and of course definition of household) and sublet. This chapter also contains rules for maintaining order in a building. Provisions...
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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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Residential lease
Bernas, Petr ; Salač, Josef (advisor) ; Šustek, Petr (referee)
This thesis deals with residential lease. Due to the limited scope of the thesis it was impossible to cover the topic in a more comprehensive manner. The aim of the thesis is to systematically analyse only some issues of legal regulation of the residential lease. The thesis discusses the interpretation of certain general issues of the residential lease and the termination of the residential lease, focusing on various ways of termination. The thesis deals with absolute termination of residential lease. The thesis focuses on selected provisions of Act No. 89/2012 Sb., the Civil Code, using the scientific literature, the thesis is also concerned with relevant practise of courts. In some cases, the thesis compares the current Civil Code with the previous legal regulation, Act No. 40/1964 Sb., the Civil Code, as amended. The thesis is divided into nine chapters, which are subdivided into subchapters. The first chapter deals with the basic definition of the lease, analysis of the concept of apartment and house, legal regulation of the residential lease and it briefly describes the differences between a lease and other related contracts. The second chapter provides an overview of the provisions of the Civil Code relating to termination of the residential lease and outlines possible ways of termination of...
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